
Glass _ Lj^? s-L'^ 
Book _-^C_._^ 



^^3 



OlTKIOlAl^ DONATION. 



STATE PROPERTY for the use of SCHOOL DIRECTORS and TEACHERS. 



To be Delivered tj eacli School OfficeF lo his Successor, 
THE SCHOOL LAW 



OF THE 



TATE OF Colorado 



AS AMENDED BV THE 



Seventh General Assembly, 



1889. 



sVoP-'l 



'\ 



^., o f 

3«ii»jiii«lii|' \ 
^ — I — vi 



DENVER, COEO : 
The Collier & Cle^ivrland Litho<;rapiiing Co., vState Printti 
l8Sq. 



THE SCHOOL LAW js.d 



OF THE 



State of Colorado 



AS AMENDED BY THE 



Seventh General Assembly, 



1889. 




DENVER, COLO.: 
The Collier & Cleaveland Lithographing Co., State Printers,. 



28 JAN 1906 
D. of 0, 






INTRODUCTION. 



STATE OF COLORADO, 
Department of Public Instruction. 

The contents of this pamphlet include: 

Article IX. of the Constitution of Colorado; 

The School Law of the State, with all amendments to 
date ; 

The law concerning reports of State Educational In- 
stitutions; 

The law in regard to the study of alcoholic stimu- 
lants and narcotics in public schools; 

The law establishing Arbor Day; 

The law in regard to compulsory education; 

The law in regard to printing the school laws; 

The law organizing a State Normal School ; 

Forms for the use of school officers and teachers. 

The following sections were amended by the Seventh 
General Assembly: 

Sections 28, 32, 33, 37, 54, -]-] and 88. 

FRED DICK, 
Superintendent of Public Instruction. 



ARTICLE IX. 

OF THE 

Constitution of the State of Colorado 



EDUCATION. 



Section i. The general supervision of the public 
schools of the State shall be vested in a Board of Educa- 
tion, whose powers and duties shall be prescribed by law; 
the Superintendent of Public Instruction, the Secretary 
of State and Attorney General shall constitute the Board, 
of which the Superintendent of Public Instruction shall 
be President. 

Sec. 2. The General Assembly shall, as soon as 
practicable, provide for the establishment and mainte- 
nance of a thorough and uniform system of free public 
schools throughout the State, wherein all residents of 
the State between theages of six and twenty-one years 
may be educated gratuitously. One or more public 
schools shall be maintained in each school district within 
the State, at least three months in each year; any school 
district failing to have such school shall not be entitled 
to receive any portion of the school fund for that year. 

Sec. 3. The public school fund of the State shall 
forever remain inviolate and intact; the interest thereon 
only shall be expended in the maintenance of the schools 
of the State, and shall be distributed amongst the sev- 
eral counties and school districts of the State, in such 
manner as may be prescribed by law. No part of this 
fund, principal or interest, shall ever be transferred to 



6 ARTICLE IX. OF THE CONSTITUTION. 

any other fund, or used or appropriated, except as herein 
provided. The State Treasurer shall be the custodian 
of this fund, and the same shall be securely and profit- 
ably invested, as may be by law directed. The State 
shall supply all losses thereof that may in any manner 
occur. 

Sec. 4. Each County Treasurer shall collect all 
school funds belonging to his county, and the several 
school districts therein, and disburse the same to the 
proper districts, upon warrants drawn by the County 
Superintendent, or by the proper district authorities, as 
may be provided by law. 

Sec. 5. The public school fund of the State shall 
consist of the proceeds of such lands as have heretofore 
been, or may hereafter be, granted to the State by the 
General Government for educational purposes; all estates 
that may escheat to the State; also, all other grants, gifts 
or devises that may be made to this State for educational 
purposes. 

Sec. 6. There shall be a County Superintendent of 
Schools in each county, whose term of office shall be 
two vears, and whose duties, qualifications and compen- 
sation shall be prescribed by law. He shall be ex officio 
Commissioner of Lands within his county, and shall 
discharge the duties of said office under the direction 
of the State Board of Land Commissioners, as directed 
by law. 

Sec. 7. Neither the General Assembly, nor any 
county, city, town, township, school district or other 
public corporation, shall ever make any appropriation, or 
pay from any public fund or moneys whatever, anything 
in aid of any church or sectarian society, or for any sec- 
tarian purpose, or to help support or sustain any school, 
academy, seminary, college, university or other literary 
or scientific institution, controlled by any church or 



ARTICLE IX. OF THE CONSTITUTION. 7 

sectarian denomination whatsoever; nor shall any grant 
or donation of land, money, or other personal property, 
ever be made by the State, or any such public corpora- 
tion, to any church or for any sectarian purpose. 

Sec. 8. No religious test or qualification shall ever 
be required of any person as a condition of admission 
into any public educational institution of the vState, 
either as teacher or student; and no teacher or student 
of any such institution shall ever be required to attend, 
or participate in, any religious service whatever. No 
sectarian tenets or doctrines shall ever be taught in the 
public schools, nor shall any distinction or classification 
of pupils be made on account of race or color. 

Sec. 9. The Governor, Superintendent of Public 
Instruction, Secretary of vState and Attorney General 
shall constitute the State Board of Land Commissioners, 
who shall have the direction, control, and disposition of 
the public lands of the vState, under such regulations as 
may be prescribed by law. 

Sec. 10. It shall be the duty of the State Board of 
Land Commissioners to provide for the location, protec- 
tion, sale, or other disposition of all the lands heretofore, 
or which may hereafter, be granted to the vState by the 
General Government, under such regulations as may be 
prescribed by law; and in such manner as will secure 
the maximum possible amount therefor. No law shall 
ever be passed by the General A.ssembly granting any 
privileges to persons who may have settled upon any 
such public lands subsequent to the survey thereof by 
the General Government, by which the amount to be 
derived by the sale, or other disposition, of such lands, 
shall be diminished, directly or indirectly. The General 
Assembly shall, at the earliest practicable period, pro- 
vide by law that the several grants of land made by 
Congress to the vState shall be judiciously located and 



8 ARTICLE IX. OF THE CONSTITUTION. 

carefully preserved and held in trust, subject to disposal, 
for the use and benefit of the respective objects for 
which said grants of lands were made, and the General 
Assembly shall provide for the sale of said lands from 
time to time, and for the faithful application of the pro- 
ceeds thereof, in accordance with the terms of said grant. 

Sec. II. The General Assembly may require, by 
law, that every child of sufficient mental and physical 
ability, shall attend the public school, during the period 
between the ages of six and eighteen years, for a time 
equivalent to three years, unless educated by other 
means. 

Sec. 12. There shall be elected by the qualified 
electors of the State, at the first general election under 
this Constitution, six Regents of the University, who 
shall, immediately after their election, be so classified 
by lot, that two shall hold their oflfice for the term of 
two years, two for four years, and two for six years; and 
every two years after the first election, there shall be 
elected two Regents of the University, whose term of 
office shall be six years. The Regents thus elected, and 
their successors, shall constitute a body corporate, to be 
known by the name and style of "The Regents of the 
University of Colorado." 

Sec. 13. The Regents of the University shall, at 
their first meeting, or as soon thereafter as practicable, 
elect a President of the University, who shall hold his 
office until removed by the Board of Regents for cause; 
he shall be ex officio a member of the board, with the 
privilege of speaking, but not of voting, except in cases 
of a tie; he shall preside at the meetings of the board, 
and be the principal executive officer of the University, 
and a member of the faculty thereof 

Sec. 14. The Board of Regents shall have the gen- 
eral supervision of the University, and the exclusive 



ARTICLE IX. OF THE CONSTITUTIOlSr. 9 

control and direction of all funds of, and apropriations 
to the University. 

Sec. 15. The General Assembly shall, by law, pro- 
vide for organization of school districts of convenient 
size, in each of which shall be established a Board of 
Kducation, to consist of three or more directors, to be 
elected by the qualified electors of the district. Said 
directors shall have control of instruction in the public 
schools of their respective districts. 

Sec. 16. Neither the General Assembly nor the 
State Board of Education shall have power to prescribe 
text books to be used in the public schools. 



AN ACT 

TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS, AP- 
PROVED MARCH 20, 1877, AS AMENDED BY THE SECOND, THIRD, 
FOURTH, SIXTH AND SEVENTH GENERAL ASSEMBLIES. 



Be it enacted by the General Assembly of the State of 
Colorado: 

STATE BOARD OF EDUCATION. 

Section i. The Superintendent of Public Instruc- , state board, 

'- how constituted., 

tion, the Secretary of State and Attorney General, shall 
constitute a State Board of Education, of which the 
Superintendent of Public Instruction shall be President. 

Sec. 2. The State Board of Education shall meet '^^^''"g^ ^"d 

powers. 

at the State capitol on the last Saturday in December in 
each year, and at such other times and places as may by 
them be deemed necessary, and shall have power to 
adopt any rules and regulations not inconsistent with 
law, for its own government, and for the government of 
public schools. 

Sec. 1.. The State Board of Education is herebv state diplomas,. 

_ ^ to whom issued.- 

authorized to grant State diplomas to such teachers as 
may be found to possess the requisite scholarship and 
culture, and who may also exhibit satisfactory evidence 
of an unexceptional moral character, and whose emi- 
nent professional ability has been established by not less 
than two years' successful teaching in the public schools 
of this State. Such diplomas shall supersede the neces- 
sity of any and all other examinations of persons hold- 
ing the same, by county, city or local examiners, and 
shall be valid in any county, city, town or district in the 
State, unless revoked by the State Board of Education. 



12 



SCHOOL LAW OF THE 



Examination for 
^tate diplomas. 



How revoked. 



Sec. 4. But State diplomas shall only be granted 
upon public examination, of which due notice shall be 
given, in such branches and upon such terms, and by 
such examiners as the Superintendent of Public Instruc- 
tion, the President of the State University, the Presi- 
dent of the State Agricultural College and the President 
of the State School of Mines may prescribe; Provided^ 
That the State Board of Education may, upon the rec- 
ommendation of the State Board of Examiners, grant 
State diplomas without examination to persons who, in 
addition to good moral character and scholarly attain- 
ments, have rendered eminent services in the educa- 
tional work of the State for a period of not less than 
five years. 

Sec. 5. The State Board of Education may at any 
time revoke a State diploma, upon satisfactory evidence 
that the holder thereof has become unworthy of the 
same; Provided^ That, before revoking any such diploma, 
the holder thereof shall have at least thirty days' notice 
to appear before the State Board, and refute any charges 
brought against him. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 



When elected. 



Sec. 6. At the general election, to be held in the 
year of our lyord one thousand eight hundred and sev- 
enty-eight, and every two years thereafter, a State 
Superintendent of Public Instruction shall be elected 
by the qualified electors of the State, who shall hold 
Tenure of office, office for a tcrm of two years from the second Tuesday 
of January next after his election, and until his suc- 
cessor is duly elected and qualified. 

Sec. 7. Before entering upon his duties he shall take 
and subscribe the oath of office prescribed by the Con- 
stitution, and shall also execute a bond in the penalty of 
five thousand dollars, payable to the State of Colorado, 
with sureties to be approved by the State Auditor, con- 



Oath and bond. 



STATE OF COLORADO. 13 

ditioned upon the faithful discharge of his official duties, 
and the delivery to his successor of all books, papers and 
documents and other property belonging to the office. 
Said bond and oath shall be deposited with the Secre- 
tary of State. 

Sec. 8. He shall have an office at the seat of gov- Keep office, 
erntnent, where shall be kept an official seal, and all 
books and papers appertaining to the business of his 
office. He shall file all papers, reports and public doc- Duties, 
uments transmitted to him by the school officers of the 
several counties, each year separately, and hold the 
same in readiness to be exhibited to the Governor, or to 
any committee of either house of the General Assembly. 
Copies of all papers filed in his office, and his official Decisions touch- 

'^ ^ ^ _ _ ing school laws 

acts, may be certified by him, and when so certified, ^ai''^- 
shall be evidence equally and in like manner as the 
original papers. He shsll decide all points touching the 
construction of the school laws, which may be submit- 
ted to him in writing by any school officer, teacher or 
other person in the State, and his decision shall be held 
to be correct and final until set aside by a court of com- 
petent jurisdiction, or by subsequent legislation; and 
said decisions, correspondence and instructions may be 
communicated through the columns of any regularly 
published periodical that is devoted to the interests of 
education. He shall prepare lists of questions for the Prepare ques- 

. tions for teach- 

use of County Superintendents at the quarterly exarai- ers' examination. 
nation of teachers, and make such suggestions concern- 
ing their use as shall tend to secure uniform examina- 
tions ill the different counties; and he may call to his 
aid, in the preparation of said questions, such assistance 
as he may deem proper. 

Sec. 9. He shall have a general supervision of all Furnish blanks, 

etc. 

the County Superintendents and of the public schools 
of the State. He shall prepare, have printed and fur- 
nish to teachers and all officers charged with the admin- 



14 



SCHOOL LAW OF THE 



istration of the laws relating to public schools, such 
blanks, forms, registers and books as may be necessary 
to the discharge of their duties; but he shall not copy- 
right such forms, nor be directly nor indirectly compen- 
Such supplies to sated bv reason of the sale thereof. All registers and 

be charged to •' - . , 

countiesand blank books so furnished for the use of teachers and 

deducted from 

state fund. scliool officcrs, sliall be charged to the respective counties 
at cost, and the County Superintendent of Schools shall 
receipt for and distribute the same among the districts 
of his county as they may require; and the amount so 
charged against each county shall be deducted from the 
amount apportioned to such county at the semi-annual 
apportionment of the State School Fund; and the Su- 
perintendent of Public Instruction shall certify to the 
State Treasurer the aggregate amount of such deduc- 
tions, and the Treasurer shall thereupon transfer said 
amount from the School Fund, subject to apportion- 
ment, to the General Fund. 

The Superintendent of Public Instruction shall have 
the laws relating to public schools printed in pamphlet 
form, and annexed thereto forms for making reports and 
conducting school business, and shall supply School 
Officers, School Libraries and State Libraries with a 
copy each. Said printing to be paid for out of the 
Printing Fund, on warrant of the Auditor, on bills ap- 
proved by the Superintendent of Public Instruction, and 
attested by the Secretary of State. 

Sec. io. He shall, on or before the tenth day of De- 
cember, in every year preceding that in which shall be 
held a regular session of the General Assembly, report 
to the Governor the condition of the public schools, the 
amount of State School Fund apportioned, and sources 
from which derived, with such suggestions and recom- 
mendations relating to the affairs of his office as he may 
Visit each think proper to communicate. It shall be his duty to 
wS'^urpose. visit anuually such counties in the State as most need 



Publication of 
school law. 



Biennial report. 



STATE OF COLORADO. 15 

his personal attendance, and all connties, if practicable, 
for the purpose of inspecting the schools, awakening 
and guiding public sentiment in relation to the practical 
interests of education, and diffusing as widely as possi- 
ble, by public addresses and personal communication 
with school teachers and parents, a knowledge of exist- 
ing defects and of desirable improvements in the gov- 
ernment and instruction of the schools; and he shall Correspondence. 
open such correspondence as may enable him to obtain 
all necessary information relating to the system of public 
schools in other States; and he shall receive out of the 
State treasury, for actual necessary traveling expenses Traveling 
and other expenses while traveling on the business of 
the department, not exceeding j&ve hundred dollars per 
annum, for which he shall render an itemized bill to the 
Auditor of State, who is hereby authorized to draw his 
warrant therefor; and an office, fuel, furniture, postage, contingent 
books, stationery, and other contingent expenses per- ^^p^°^^^- 
taining to his office, shall be furnished in the same 
manner as those of the other departments of the State 
Government. 

Sec. II. It shall be the duty of the State Auditor state fund 
to notify the Superintendent of Public Instruction of when!""^'^' 
the amount of money in the State treasury to the credit 
of the Public School Income Fund, on the thirtieth days 
of June and December in each year. Within fifteen 
days after receiving such notification, the Superintend- 
ent of Public Instruction shall apportion said fund 
among the several counties of the State, from which 
reports have been received by said Superintendent, as 
provided in this act, in proportion to the school popula- 
tion as shown by the report of each county for the year 
next preceding such apportionment, making such deduc- 
tions as are provided in section 9 of said chapter. And 
the Superintendent of Public Instruction shall certify 
said apportionment to the State Auditor, and upon such 



16 SCHOOL LAW OF THE 

certificate the Auditor shall draw his warrant on the 

State Treasurer in favor of the County Treasurer of each 

county, for the amount due said county. The Superin- 

Notify different tcndcnt shall also certify to the Superintendent of each 

officers. 

county the amount apportioned to such county. 
Assistant Sec. 12. Hc may employ an Assistant Librarian, 

librarian. rir-v t-i 

who shall have charge of the State Library, under such 
regulations as may be prescribed by the State Librarian, 
or by law. Said Assistant shall receive the annual sal- 
ary of one thousand ($i,ooo) dollars for his services. 

COUNTY SUPERINTENDENT. 

When elected. Sec. 13. Thcrc shall be elected in each county, at 

the general election in the year one thousand eight 
hundred and seventy-seven, and biennially thereafter, 
a County Superintendent of Public Schools, who shall 
take office on the second Tuesday of January next suc- 
ceeding that on which such election shall be held. He 

Term of office, shall hold liis office for two years, and until his successor 
shall be elected and qualified. Before entering upon 

Oath and bond, tlic dutics of liis officc he shall take the oath prescribed 
by the Constitution, and execute a bond payable to The 
People of the State of Colorado, with two or more sure- 
ties, to be approved by the Board of County Commis- 
sioners, in penalty of not less than two thousand dollars, 
to be increased at the discretion of said Board, condi- 
tioned upon the faithful performance of the duties of his 
ofiice and the delivery of all moneys and property as 
such Superintendent to his successors, which bond shall 
be filed in the ofiice of the County Clerk. 

Sec. 14. Should the Superintendent elect fail to 

qualify as aforesaid, or should there occur a vacancy in 

County commis- said officc, the Board of County Commissioners shall, 

tacTrcy*^" at thclr next meeting after such vacancy or failure to 

qualify occurs, appoint an eligible and suitable person, 



STATE OF COLORADO. iT 

who shall qualify within ten days after his appointment^ 
and. who shall continue in office until the next general 
election thereafter. Should such appointee fail to 
qualify, as aforesaid, another appointment shall be made 
in the same manner, until the vacancy shall be filled by 
appointment or election. 

Sec. 15. On the last Friday of February, May, Quarterly 
August and November, in each year, he shall meet all 
persons desirous of passing an examination as teachers, 
in some suitable room at the county seat, notice of 
which shall be given in some newspaper in the county, 
or in case there is no paper published in the county, he 
shall give such notice as may by him be deemed neces- 
sary; at which time he shall examine all such applicants 
in orthography, reading, writing, arithmetic, English Topics, 
grammar, geography, the history of the United States, 
including the Constitution of the United States, physi- 
ology, laws of health, the elements of the natural sci- 
ences, theory and practice of teaching, and the school 
law of the State; Provided^ That, if attendance upon 
the examination at the county seat work a great hardship 
to one or more teachers in the county, he may provide 
for such teacher or teachers to take the examination at 
some convenient place under the direction of a deputy. Examination 
who shall transmit to the County Superintendent the dsTwh^ere^ 
written answers of each applicant as soon as the exami- 
nation is completed. Such deputy shall receive the sum 
of five dollars ($5) per day for conducting such exami- 
nations, when such services are certified to the County 
Commissioners by the County Superintendent. If the 
applicant is to teach in a school of high grade, the 
examination shall extend to such additional branches of 
study as are to be pursued in such school. If satisfied 
of the competency to teach, and of the good, moral 
character of the applicant, he shall give such applicant 
a certificate as provided in the following section, but he Certificates. 



18 



SCHOOL LAW OF THE 



Grades of 
cerlificnles. 



Temporary. 



Record. 



shall not issue a certificate, except a temporary one, 
unless the applicant be examined at the regular quarterly 
examination. 

Skc. i6. The certificates issued by the County Super- 
intendents shall be of three grades, distinguished as first, 
second and third. The first grade certificate shall be 
valid for two years; the second grade for one year; the 
third grade for six months. A County Superintendent 
may renew a certificate of the first grade by endorsing 
such renewal thereon, and may revoke certificates of any 
grade at any time, for immorality, incompetency or 
other just cause. It shall be deemed a violation of law 
to grant a certificate of either of the above named grades 
without requiring the applicant to pass a thorough and 
satisfactory examination in .such branches, and at such 
times as are specified in section 15 of this act, and in all 
such examinations the questions prepared by the Super- 
intendent of Public Instruction shall be used; Provided^ 
however. That a certificate of the third grade shall not 
be refused because of the failure of the applicant in the 
elements of the natural sciences. The Superintendent 
may, however, upon satisfactory evidence of competency, 
issue a temporary certificate, which shall be valid only 
until the next regular examination, at which time the 
holder oi such temporary certificate shall appear for a 
complete e.xaminatiou, as aforesaid. It shall not be law- 
ful to renew a temporary certificate, nor to grant a second 
one to the sauie person. The Superintendent shall keep 
an official record, in a suitable book, of the persons so 
examined, containing the name, age, nationality, date 
of examination, and grade of certificate issued; he shall 
also retain for six months the written answers of all 
applicants at the regular examinations, and hold the 
same subject to the order of the State Board of Educa- 
tion; And, provided, furf lie r^ That in school districts 
of the first class, the examination of teachers to fill 



STATE OF COLORADO. 19 

vacancies may be conducted by the School Boards of 
such districts, and a teacher thus examined and em- 
ployed by a district of the first class shall not be re- 
quired to hold a certificate from the County Superin- 
tendent while teaching in such district. A County 
Superintendent may, upon the application of a teacher 
holding a first grade certificate received at a regular 
examination in another county in the State, and in full 
force at the time, issue to said teacher a certificate of 
like grade, if satisfied of his or her ability to teach; 
Provided^ That such certificate shall not show the stand- 
ing in each branch, nor be subject to renewal, but shall 
show the condition upon which it is issued. In case a 
certificate is. revoked or refused, at a regular examina- 
tion, by the County Superintendent, the right of appeal 
to the State Board of Education shall not be denied the 
teacher or applicant, if said appeal be taken within 
thirty days from date of notice of such revocation or 
refusal. 

Sec. 17. If for any cause the Superintendent is un- Deputy, 
able to attend to the duties of his office, he may appoint 
a deputy, who shall take the usual oath or affirmation 
of office, and who may exercise all the functions of 
County Superintendent, but such deputy shall draw no 
salary from the public fund; Provided^ That the Super- 
intendent may receive d. per diem for the service of such 
deputy. 

Sec. 18. On the first Tuesday of September, in each Reports 
year, the County Superintendent shall make a report to 
the Superintendent of Public Instruction for the school 
year ending June thirtieth next preceding, which report 
shall contain an abstract of the reports made to him 
by the District Secretaries, and such other matters as 
the Superintendent of Public Instruction may direct, items, 
and shall be in such form and upon such blanks as the 
Superintendentof Public Instruction shall furnish. The 



20 SCHOOL LAW OF THE 

Retain copy. County Superintendent shall retain a copy of all such 
reports and file the same in his office. 

Sec. 19. The County Superintendent shall appor- 
tion the General School Fund of the county among the 
several school districts in accordance with the provisions 
of sections seventy-two and seventy-three of this chap- 
Apportionment, ter, quarterly, to-wit: On the first Monday in January, 
April, July and October, in each year, and he may 
apportion the same at other times if there be sufficient 
money in the treasury to require it. He shall certify 
each apportionment promptly to the County Treasurer, 
Notify officers, and shall also notify the Secretary of each district of the 
amount placed to the credit of his district. 

Sec. 20. It shall be the duty of the County Super- 
intendent to exercise a careful supervision over the 
Visitation. schools of liis couuty, to visit each school at least once 
during- each quarter it is in session, to see that all the 
provisions of this act are observed and followed by 
^ . ,. . teachers and School Officers; to examine the accounts 

Examine district ' 

accounts. ^f ^]^q District Officers to see if such accounts are pro- 

perly kept, and all district funds properly accounted for; 
to keep, in a good and substantial bound book, a record 
of his official acts, and of all other matters required by 
law to be recorded; to obey the legal instructions and 
decisions of the Superintendent of Public Instruction. 
He shall also keep a record of the Registers, Record 
Books and Order Books furnished to the several dis- 
Hoid county tricts of his county; and it shall be his duty to hold 
associations. Couuty Tcachcrs' Associations whenever, in his judg- 
ment, the interests of the school work demand it; the 
records of the County Superintendent's Office shall be 
open to the inspection of any citizen of the county, and 
within one week from the close of each school year he 
Publication of shall publish in some newspaper published in the county, 
apportionments. ^^ ^]^gj-g ^g such a paper, 3. statcmcut of the apportion- 
ment of school funds for the year preceding. 



STATE OF COLOEADO. 21 

Sec. 21. If the County Superintendent fails to make Neglect of duty. 
a full and correct report to the Superintendent of Public 
Instruction, as provided by law, and shall, after written 
request or notice from the Superintendent of Public In- 
struction, or from the Board of County Commissioners, 
delay more than ten (lo) days after the service of such 
notice to make such report, he shall forfeit the sum of Forfeiture for 
one hundred dollars, which sum the Board of County ^^"*' 
Commissioners may deduct from any money due him; 
said forfeit may, however, be recovered by suit, upon 
his official bond. 

Sec. 22. The County Superintendent shall have May administer 
power, and is hereby authorized, to administer oaths °''*^' 
and affirmations to school directors, teachers and all 
other persons in official matters relatino^ to schools; but 
shall receive no fee for so doing. 

Sec. 23. The County Superintendent shall appoint Fiu vacancies in 
directors for any district which fails to elect, as provided 
in section forty-four, and shall fill vacancies that may 
occur in any board of directors by reason of death, re- 
moval from office or from the district, resignation, or 
otherwise, except in boards of directors of districts of 
the first class, and the officers so appointed shall hold 
office only until the ensuing regular election. 

Sec. 24. It shall be the duty of the County Super- Ascertain 
intendent to ascertain the boundaries of each school diTtdcts"^^ °*^ 
district in his county, and to make and keep a record of 
the same in a suitable bound book, which record shall 
show definitely the boundaries of each district. In case 
the boundaries are found to be conflicting or incorrectly 
described, he shall harmonize the same and make a 
report of such action to the board of school directors 
whose districts are affected thereby. District officers 
shall have access to such records for the purpose of 
examination, making copies, or for other legitimate 



22 



SCHOOL LAW OF THE 



Salary. 



Bill for same. 



purposes. The County Superintendent shall prepare, 
or have prepared, a map of the county, showino^ the 
correct boundaries of the districts. 

Sec, 25. For the time necessarily spent in the dis- 
charge of his duty he shall receive five (5) dollars per 
day, and fifteen (15) csnts for each mile necessarily 
traveled one way. He shall, as far as practicable, render 
an itemized bill of his services and mileage, each month 
or quarter, to the Board of County Commissioners, and 
shall make oath that the bill is just and correct; where- 
upon the County Commissioner shall order a warrant on 
the County Treasurer, payable from the General County 
Fund; Provided^ That the annual salary so received 
shall in no case exceed one hundred dollars for each 
regularly organized public school in the county. The 
Commissioner shall provide him with a suitable office 
at the County Seat, and all necessary blank books, sta- 
tionery, postage, expressage and other expenses of 
his office, not otherwise provided for, which last men- 
tioned expenses shall be paid for from the County Fund. 
He shall keep his office open for the transaction of offi- 
cial business such days each week as the duties of the 
ofiice may require. 

Sec. 26. It is hereby made the duty of the County 
Treasurer in each county, to keep a separate account 
with each school district in his county, to place to the 
credit of each the amount of money as certified to by the 
County Superintendent, as provided in section nineteen, 
and to pay over the money so collected, upon the pre- 
sentation of the legally-drawn warrants or order of the 
district officers entitled to draw the same; Provided, 
That if the County Superintendent shall notify the 
Not to pay over Couuty Trcasurcr, in writing, that there has been a 

funds in certain . - . 

cases. failure on the part of any Board of Directors to comply 

with the law, and that said money should be withheld 
from said Board of Directors, he shall retain the same 



Limit. 



Books, etc., 
furnished by 
county. 



Keep his office 
open. 



Duties of county 
treasurers. 



STATE OF COLORADO. 23 

until further notice from the County Superintendent. 
On or before the fifth day of July in each year, he shall 
render, to the County Superintendent of Schools, a state- Treasurers' 
ment of the receipts and disbursements on account of '^p""^- 
the several districts, of all the School funds which have 
passed through his hands during the school year next 
preceding; and at the same time he shall render to each 
District Secretary a statement of receipts and disburse- 
ments of such district. All money which shall become 
forfeited by any district shall be put into the General 
School Fund and re-appropriated as other moneys. 

ORGANIZATION OK DISTRICTS, ETC. 

Sec. 27. For the purpose of organizino- a new district Division of 

^ . districts. 

out of a portion of one or more old districts, the parents 
of at least ten children of school age residing within the 
limits of the proposed new district shall petition the 
County Superintendent, in writing, which petition shall 
describe the boundaries of the proposed district, and the 
names of all children of school age residing in such pro- 
posed district at the date of said petition ; and said list 
of names shall be held to be the census list of said dis- List of name 
trict until the next regular census shall be taken, and if 
any names are found on said list, and also on other cen- 
sus lists for the current year, if the County Superintend- 
ent is satisfied that the children so named are bona fide 
residents of the proposed district, he shall strike such 
names from the lists of the old districts, when the organ- 
ization of the new district is complete. If, in the judg- 
ment of the County Superintendent, the school interest 
of the districts affected by the proposed change, will be 
best promoted by said change, he shall direct some one 
of the petitioners who is a legal voter, to notifv each 
elector residing within the district so to be formed, by 
personal service as far as convenient, and to post a notice 
in three public places in said new district, that such 



24 SCHOOL LAW OF THE 

petition has been made, and that a meetino^ will be held, 
Notice of naminof the time and place for such meeting- to deter- 

meeting. '^ . . / . . 

mine the question of the proposed organization. People 
New districts Hving upou unorganized territory may organize them- 
ganTzedTerritory selves luto a school dlstrict at any time, without a peti- 
tion, if a majority of the legal voters residing within 
the proposed district shall so decide at a meeting, of 
which reasonable notice has been given to all resident 
voters, and which meeting shall be conducted as is now 
provided by law for the organization of new districts; 
Provided^ That, in addition to the copy of the proceed- 
ings now required by law, the Secretary shall also trans- 
mit to the County Superintendent a certified list of all 
children of school age who are residents in good faith 
in said district at the date of the organization, which 
Census list. Hst shall be held to be the census list of said district 
until the next regular school census. 

Qualified elect Sec. 28. Thc qualified electors of such proposed 

dL^ric"sThau °° new district, when assembled in accordance with the 

notice above required, shall organize by electing a chair- 

oniy qualified mau aud sccrctary. Every legally qualified elector, and 

to^vo°t"^"'^ none other, shall be entitled to vote at such meeting. 

After the organization of such meeting, as above men- 

vote taken. tioncd, a votc shall be taken by ballot on the question 

whether or not the proposed district shall be organized. 

Those in favor of organization shall vote "Yes," 

and those opposed "No." If two- thirds of the legal 

voters so voting are found to be in favor of such organi- 

Proceed to elect zatiou, aud uot othcrwisc, the meeting shall proceed to 

Kectors!'""''' elect by ballot a board of directors of said district, who 

shall hold office until the ensuing regular election, as 

provided in section forty-four (44) of this act. The 

Transmit a copy secretary of said meeting shall immediately transmit to 

of proceedings. ■, ^-^ r^ • ^ r ^ i- r 

the County Superintendent a copy of the proceedings of 
the meeting, upon the receipt of which, if the proceed- 
ings are found to have been in accordance with law, he 



STATE OF COLORADO. 25 

shall establish and number such district and enter a shaii establish 

and number such 

record of the same, and of the proceedings of the meet- ^'^'"c'- 
ings, as provided in section twenty-four (24) of this act; 
Provided^ If such organization of a new district works Proviso. 
Sfreat hardships to any head of a family, a statement of Hardship to 

■=• ^ 1 . , head of family 

the facts may be submitted to the Superintendent and 
two disinterested persons, one to be named by the Super- 
intendent and one by the person affected, and if in their 
judgment good cause be shown for the transfer, he may J^^tw dLl-°t. 
be transferred to another district; Provided^ further^ Proviso. 
That no district shall hereafter be divided for the pur- 
pose of forming a new district, unless it contains an ^^^^ Contains an area 

_ _ of nine square 

•of more than nine square miles; nor shall a district be ™''^^- 
divided if by so doing the remainder of the district shall j^^^ district 
be found to contain less than fifteen persons of school fi,t|en°pe'?sens 
age, and when practicable the district shall conform to"^""^""^^^^' 
^government lines; Provided^ also. That no city or town proviso, 
shall hereafter be divided into two or more districts, and 
districts of the first class shall not be divided except upon D-xstrictoif^tit 
n vote of the electors of the district, sub^nitted at a7i aji- divided, except 
nual election^ and a majority of all the votes cast being ^or^ oi disina. 
in favor of such division. 

Sec. 29. Two or more contiguous districts may beumonof 
united into one district. For the purpose of effecting 
such union, each district shall, at a special meeting 
legally called for the purpose, determine by ballot 
whether or not a majority of the legal voters assembled 
are in favor of such union. Those in favor will vote 
"Yes," and those opposed "No." If a majority of the 
voters present, in each district, vote in favor of a union, 
a union meeting shall be called by giving at least ten 
days' public notice, at which meeting the organization 
shall be perfected by the election of officers and other 
necessary proceedings, in the same manner as provided 
for the organization of districts in section twenty-eight 
{28) of this chapter. Upon receiving notice from the 



26 



SCHOOL LAW OF THE 



Annexation. 



County Superintendent, of such union of districts, it shall 
be the duty of the County Treasurer to transfer all funds 
belonging to said districts to the credit of the new dis- 
trict thus formed. A portion of unorganized territory 
may be annexed to a school district; or a portion of one 
district may be detatched from said district and annexed 
to a contiguous district, by the County Superintendent, 
upon petition, in either case, of a majority of the legal 
voters resident within the territory to be so annexed, 
subject always to the limitation provided in section 
twenty-eight. 



Must establish 
school before 
money is paid 
over; may 
become void in 
six months. 



County super- 
intendent may 
extend time. 



Annulled for 
failure 



Sec. 30. No new district, formed as provided in sec- 
tions twenty-seven (27) and twenty-eight (28) of this 
chapter, shall be entitled to any portion of the public 
school money until a school has actually commenced 
therein, and unless within six (6) months from the estab- 
lishment of such district a school be opened and main- 
tained as required by law, the action making such dis- 
trict shall be void, and all actions had by such district, 
acting as a body corporate, shall cease and determine, 
and all taxes which may have been levied in the old dis- 
trict or districts out of which the new one was formed, 
shall be valid and binding upon the real and personal 
property of the new district, the same as if said new 
district had never been organized; Provided^ That the 
County Superintendent may, for good cause, extend the 
said six (6) months to eight (8) months, said time of 
limitation shall begin to run from the time of the meet- 
ing at which it was voted to organize the district; when- 
ever any district shall, for the period of one year, fail to 
maintain a school and keep up its organization of offi- 
cers, and to make annual report as required by law, the 
County Superintendent may declare such district an- 
nulled, and annex its territory to adjoining district or 
districts. 



STATE OF COLORADO. 27 

Sec. ^i. a Joint School District may be formed Joint districts; 

, . how formed. 

from territory belonging to two or more contiguous 
counties. For the purpose of organizing a Joint Dis- 
trict, the same preliminary steps shall be taken, and the 
same course pursued as is provided for the organization 
of other districts, in sections twenty-seven (27) and 
twenty-eight (28). Such district shall be designated as 

"Joint District No. . . , of the counties of 

and , and shall be so numbered that it 

shall have the same number in all the counties from 
which it is formed." The petition required by section 
twenty-seven (27) shall be made to each County Super- 
intendent interested, who shall unite in forming such 
districts; Provided^ That the school census, the record 
of attendance at school, the assessing of property, the 
collection of taxes, and all other acts which from their 
nature should be separately kept or done, shall be kept Repots separate 
and done, and the reports thereof made, as if each por- 
tion of said Joint District belonging to each county were 
an entire district in the respective counties. The teach- Teachers' 
ers of such Joint District shall have a certificate from 
the Superintendent of the county in which the school 
house is located. No Joint District shall be annulled 
except by the consent of the County Superintendents of 
the counties in which such district is located; Provided^ 
That when any Joint District desires to be annulled for How annulled. 
the purpose of forming separate districts, it shall require 
a majority vote of the voters constituting said Joint Dis- 
trict, at a meeting called for such purpose. 

Sec. 32. When a new district is formed from one when new dis- 
or more old ones, the school funds remaining to the credit iromluem^moT^ 
of the district^ after providing for all outstanding debts funds sikwht 
excepting debts incurred for building and fu,rnishing 
school houses^ shall be divided as follows: The basis of 
division for the school fund shall be the school population^ 
as shown by the last school census before the division of 



28 SCHOOL LAW OF THE 

the district or districts occurred, and shall appl}- to such 

funds as remain to the credit of said old district or districts 

at the time of the organization of said new district, and 

Each district cach district shall receive funds in proportion to its per 

funds. cent, of the said census. In case of division, each dis- 

shaii own and tvict sliall owH uud kold all permanent property, such as 

hold permanent . . 

property. sttes^ school-fionses and furniture situated ivithin its 

boundaries. All division of funds under this provision 
shall be made by the County Superintejident^ and when 
there are unpaid special taxes on the county tax-book, 
belonging to a district at the date of its division, the 

County treasurer Couutv Trcasurcr, upou bclug notified of such division by 

to retain funds ... in • i 

until the same is the Couuty Superintendent, shall retain all monev re- 
apportioned. 

ceived in payment of said special tax until the same shall 
County superin- bc apportloucd by the Couutv Superintendent, whose duty 

tendent to . '. ., 

apportion money it shall bc to apportiou Said money monthly, between 
the fractions of the divided district, according to the 
location of the property on which said tax was levied. 

cannotappor- At thc first apportionment after the organization of a 

tion until school . 111 

ihas commenced ncw district, thc Couuty Superintendent shall apportion 

in good faith. ■ ^ . . ^ ^ 

to such district its per capita proportion of the general 
fund, but no money, either from the general or special 
fund, shall be paid out of the county treasury on account 
of such district until a school shall have been begun 
therein in good faith. 

Sec. 33. Whenever the school boards of two (2) or 
more contiguous school districts shall each deem it 

Establish a union advisable to establish a union high school, the County 
ig sc 00. Superintendent shall, at the request of two (2) of the 

Call a meeting Secretaries of the boards, call a meeting of the boards 

Notice °" interested by giving personal notice to each member, 
which meeting shall elect by ballot from among the 
members of said boards, if a majority of the mem- 
bers of each board are present, a committee of three 

High school (3), to be known as the High School Committee of such 
union school. The County vSuperintendent shall be, ex 



■committee. 



STATE OF COLOEADO. 29 

officio^ an additional member of said committee and shall 
preside at the meetings thereof. There shall be elected 
a secretary of such committee, and if need be a treasurer. ^nd^'reaTureT"^ 
In any case in which the county seat of any county shall all 
be included iit one school district^ the board of such school 
district shall have the sfime powers of establishing and or- 
ganizing a high school as are hereby given to the board ^organize a high 
two or more contiguous school districts^ and in stich case the 
High School Committee shall be the board of such school 
district^ or such three members as they may select. High 
schools formed U7ider the provisions of this section shall be High schools 
open to children from all districts of the county in which homaw districts 
they are so forfned^ provided such children are qualified., 
as hereincifter provided. 

Sec. 34. The members of said High School Com- Tenure of office. 
mittee shall hold the office for and during the term they 
are members of their respective Boards. All vacancies vacancies. 
in said committee, other than such as are caused by the 
expiration of the term of office, shall be filled by the 
School Board of which the person so vacating was a 
member. The Secretary shall be elected annually, and secretaries, 
may receive such compensation as the committee shall 
deem proper to allow. 

Sec. 35. The regular meetings of the High School Regular meet- 

insTS' special 

Committee shall be held on the first Saturday of March, meetings. 
June, September and December of each year, and 
special meetings may be held at any time upon the call 
of the County Superintendent, or of two members of 
the committee. 

Sec. ^6. Said committee shall exercise all the now- Powers and 

"-^ . - duties of 

ers and perform all the duties, with reference to said committee. 
High School, that are accorded to and required of 
School Boards throughout the State, as provided in sec- 
tion fifty (50) [51] of this act, and shall have power to 
establish and prescribe the qualifications and manner of 
examination for admittance to the High School. 



80 SCHOOL LAW OF THE 

After establish- ggQ_ oy_ After tlic first establishment of such a 

ment it shall be •-'/ 

maintained. High School, it shall bc maintained until the then next 
regular apportionment of the county school fund, as 

How maintained ^qI I Q^^yg. I^^ach district, whick shttll JiavE any childj-en 
attending such High School^ shall draw from its school 
fund, and cause to be placed to the.credit of High School 
fund, such part of the whole expenses as shall be pro- 
portioned to the number of pupils attendant at such 
High School from such district; Provided it is with the 

After first year ai)t>roval of the directovs of said district. After the first 

to be rated as a -l^ -^ -' 

separate district, yg^j-^ qj- p^j-|- Qf ^ ycar, SO as abovc provided for, the 

said High School shall, so far as practicable, be rated as 

Draw its quota a separatc district. It shall be entitled to draw from the 

for attendance, ^ 

general, State and county funds its quota for attendance, 
as provided by section seventy-two (72) of this act, and 

Deficit made up. |;]^e dcficit shall be made up from the several district 
funds in proportion to number of pupils from each dis- 
trict who attended said High School during the then 
past year. 

Maintained forty Sec. ^8. Thc High Scliool may be maintained dur- 

weeks each year. . 

ing forty (40) weeks in each year, and shall be free to all 

children in the county who are qualified for admission 

according to the requirements prescribed by the com- 

*^^'!^/^?, mittee, and all children in the county who are so quali- 

qualined to pass ' •' ■* 

the examination, gg^^ aud wfio cau pass thc cxaminatious prescribed by 
the committee,. shall be entitled as of right to attend 
said High School. 

Who shall elect Sec. ^q. Evcry dlsttict in the county which con- 
members of ^ ' p . . .__. 

committee. tributcs to the support and patronage of said High 
School, shall, by its Board of Directors, be entitled to a 
voice in the election of members of the committee. 

SCHOOL DISTRICTS, OFFICERS AND ELECTIONS. 

Each district a Sec. 40. Each regularly organized School District 
heretofore formed, or that may be formed, as provided 
in this chapter, is hereby declared to be a body cor- 



STATE OF COLORADO. 31 

porate, by the name and style of School District No. . . , 

in the county of , and State of Colorado, 

and in that name may hold property and be a party to 
suits and contracts, the same as municipal corporations 
in this State. 

Sec. 41. There shall be elected in each School Dis- Annual election. 
trict of the State, annually, and in the manner prescribed 
in section forty- four (44) of said chapter, a Board of 
Directors. The number of persons that shall constitute 
each Board of Directors shall be determined as follows: 
The School Districts shall be classified into first (ist), classification. 
second (2d), and third (3d) classes; districts containing 
a school population of more than one thousand (1,000) 
shall be denominated districts of the first (ist) class; 
districts containing a school population of three hundred 
and fifty (350), and not exceeding one thousand (1,000), 
shall be denominated districts of the second (2d) class, 
and districts containing a school population of less than 
three hundred and fifty (350) shall be denominated 
districts of the third (3d) class. At the regular election 
in 1887, as provided in section forty-four (44) of said 
chapter, all districts of the first (ist) class shall elect, 
by ballot, one (i) director for three (3) years; and at the 
regular election in 1888, one (i) director for three (3) Term of office. 
years and one (i) director for four (4) years; and at the 
regular election in 1889, one (i) director for four (4) 
years and one (i) director for five (5) years; and annu- 
ally thereafter there shall be elected one (i) director for 
five (5) years. All districts of the second and third 
classes shall elect one (i) president for three (3) years, 
one (i) secretary for two (2) years, and one (i) treasurer 
for one (i) year; and annually thereafter there shall be 
elected for three (3) years a person to fill the vacancy 
occurring; Provided^ That this shall not apply to dis- 
tricts of the second and third classes already organized. 
School Boards of the first-class shall, at their first meet- oCdt''"" 



32 SCHOOL LAW OF THE 

ing after their election, elect a president, who shall be 
a member of the board, a secretary, who may or may 
not be a member of the board, and a treasurer, who 
shall not be a member of the board, and who shall hold 
office for one year and until their successors are elected 
Powers and and Qualified. In districts of the first and second 

duties. -^ 

classes the boards, after organization, shall exercise all 
the power given the electors of districts of the third 
class, as specified in section sixty-three (63) of said 
chapter. 

Present organi- Sec. 42. Bvcry School District in the State, which 

zation legalized. , ' 

now exercises the prerogatives of a School District, and 
the legality of whose organization has not been legally 
denied, and which has a Board of Directors, duly quali- 
fied according to law, and has exercised the righls and 
enjoyed the privileges of a legally and regularly estab- 
lished district for one year, shall be, and is hereby 
declared to be, a legal School District; and all District 
Officers shall hold office until their successors are quali- 
changefrom fied. Whcu School Districts of the second (2d) class 

second class ^ 

to first. shall attain a school population of one thousand (1,000) 

or more, as shown by the annual census, at the next 
regular election thereafter, as provided in section forty- 
four (44) of this act, there shall be elected one (i) direc- 
tor for jthree (3) years, and one (i) director for four (4) 
years, and one (i) director for five (5) years, and annually 
thereafter one (i) director for five (5) years, as provided 
for in districts of the first (ist) class; and the persons so 
elected, together with the Directors whose official terras 
have not expired, shall constitute the new Board, which 
Board shall enter upon the duties prescribed by law for 
Boards of Directors of Districts of the first (ist) class. 

What constitutes Sec. 4^. All SchooU Districts now formed, or which 

a district legally. r- i r i i • i i n 

may hereafter be formed, which shall continue to exer- 
cise, undisputed, the prerogatives and enjoy the privi- 



STATE OF COLORADO. 33 

leges of a legally formed district, for the period of one 
year next succeeding the election of its officers, shall be 
deemed to be a legally formed district, and its legality 
shall not thereafter be questioned. 

Sec. 44. The regular election for electing members Annual election, 
of School Boards shall be held annually in each district 
on the first Monday in May, at which time it shall be 
lawful to transact any business pertaining to schools 
and school interests. The Secretary of each School Notice. 
Board shall cause written or printed notices to be posted, 
specifying the day and the place of such election, and 
the time during which the ballot-box shall be kept Baiiot box open 

11 1 11 1^1 three hours. 

open, not less, however, than three hours, and further 
specifying at what hour any other business shall be 
transacted. Said notices shall be posted in at least three 
public places in the district, one of which shall be the 
school-house, if there be one, at least six days previous 
to the time of election; and in districts of the first-class 
said notice shall be published weekly for the four weeks 
next preceding such election, in some newspaper pub- 
lished in the district, and if there be no paper published 
in such district, then in a paper published in an adjoin- 
ing district. If the Secretary fail to give such notice, 
then any two (2) legal voters residing in the district may Notice by two 
give such notice over their own names, and such elec-"^"^"^' 
tion may be held after the day fixed by this act for such 
election. All elections shall be by ballot, and in the ah elections 
absence of a notice specifying the hour, the ballot-box ^''''^"°'" 
shall be opened at nine (9) o'clock a. m., and closed at 
four (4) p. m. 

Sec. 45. Every elector legally qualified to vote at a ^ho are voters, 
general election, having been a resident of the School 
District for thirty (30) days next preceding the day of 
election, shall be entitled to a vote; Provided^ That no 
person shall be denied the right to vote at any School 



34 



SCHOOL LAW OF THE 



Oath. 



§?*o°.^ . District election, or to hold any School District ofRce 

disqualincation. ■' 

on account of sex. Any person oflfering to vote may be 
Challenge. challenged by any legally qualified elector of the dis- 
trict; and any one of the Judges of Election shall there- 
upon administer the person challenged an oath, as fol- 
lows: "You do swear (or affirm) that you are a citizen 
of the United States, or that you have declared your 
intention to become such; that you have resided in this 
State of Colorado six months immediately preceding 
this election; that you are twenty-one years of age; that 
you have resided in this district thirty days next pre- 
ceding this election, and that you have not voted at this 
election, so help you God (or under the pains and penal- 
ties of perjury)." If he shall refuse to take such oath 
or affirmation, his vote shall be rejected. Any person 
guilty of voting illegally shall be punished as provided 
in the general election law of this State. The Presi- 
dent, Secretary and Treasurer of the District School 
Board shall act as judges of the election, and should any 
of them be absent at the opening of the polls, the elect- 
ors present shall appoint a legal voter to fill the vacancy; 
Provided^ however^ That at all elections held for voting 
upon a proposition to create or contract a debt by loan 
for the purpose of erecting or furnishing school build- 
ings, or purchasing school grounds, only such qualified 
electors of the district shall vote thereat, as shall have 
paid a school tax in such district in the year next pre- 
cedingf such election. 



Judges of 
election. 



Counting the 
votes. 



Sec. 46. Immediately after the closing of the polls 
the judges shall proceed to count the votes, and the per- 
son or persons qualified to be elected who shall receive 
the largest number of votes, shall be declared elected. 
If, for any cause, no election be held at the regular 
time, or if, upon counting the votes, there be a tie vote 
Special election, fgr auy onc or more of the Offices, a special election 
shall be called by the Board within ten (10) days, and 



Tie vote. 



STATE OF COLORADO. 35 

notice thereof given, as required in section forty-four 

(44.) of this act. A failure to give the prescribed notice Failure to give 

^^ ■"' . . notice voids 

of such special election shall render the election void. the election. 

Sec. 47. The Directors shall each, within twenty Oath of office. 
(20) days after his or her election, appear before some 
officer authorized to administer oaths, and take oath that 
he or she will faithfully perform the duties of his or her 
office required by law, which oath shall be filed with 
the County Superintendent; and, in case of failure so where med. 
to qualify, his or her office shall be deemed vacant, and vacancy, how 
the County Superintendent shall appoint a suitable per- 
son, who shall qualify immediately. If the amount of 
money liable to come into the hands of the Treasurer, 
in the discharge of his official duties, exceed twenty dol- 
lars at any one time, he shall be required to give bond in Treasurer's 

' ,. , . , . bond. 

double the amount of money liable to come into his 
hands, said bond to be approved by, and filed with, the 
County Superintendent. The Directors elect shall take 
office immediately after qualifying, as aforesaid; Pro- 
vided^ That any District Treasurer, who shall refuse to 
give bond as above, when required to do so by the other 
niembers of the Board, shall be disqualified from receiv- 
ing any money on district account until a satisfactory 
bond is executed. The oath of office required in this 
section may be administered by a President of a School 
Board; and it is hereby made the duty of the District 
Treasurer of all first-class districts to publish, semi- 
annually, in some newspaper published within the 
county wherein such district may be located, a complete 
and full report of all receipts and expenditures of the 
said district's funds. 

Sec. 48. Any School Board shall have power to By-iaws by the 
make such by-laws for their own government and for 
the government of the public schools under their charge, 
as they may deem expedient, not inconsistent with the 



36 SCHOOL LAW OF THE 

provisions of this act, or the instructions of the Super- 
intendent of Public Instruction. District Boards of the 
Vacaneies in first-class shall also have power to fill any vacancy which 

districts of . - - ' 

first class. may occur in the Board, until the regular election, at 
which time the vacancy shall be filled for the unexpired 
term. 

Hold real estate. Sec. 49. It sliall bc lawful for auy School District 
in this State to take and hold, under the provisions of 
chapter thirty-one of the Revised Statutes, so much 
real estate as may be necessary for the location and con- 
struction of a school-house and convenient use of the 
school; Provided^ That the real estate so taken, other- 
wise than by the consent of the owner thereof, shall 
not exceed one acre. 

Regular Sec. 50. The rcgular meeting of each Board shall 

be held on the last Saturday of March, June, September 
and December. The Board may, however, hold such 

Special meetings other rcgular, special or adjourned meetings as they 
may from time to time determine, or as may be specified 
in their by-laws. 

Powers and Sec. 5 1. Evcrv School Board, unless otherwise 

duties of boards. ..,.,' ,, . 

especially provided by law, shall have power, and it 
shall be their duty: 
Employment First — To cmploy or discharge teachers, mechanics 

and discharge . "L ., ., . . , . 

of teachers, etc. or laborcrs, and to nx and order paid their wages; to 
determine the rate of tuition for non-resident pupils, 

Compensation aiid to fix tlic compeusation to be allowed the Secretary 
for the time necessarily spent in the service of the dis- 
trict, as required by law, or as directed by the Board; 
Provided^ It shall be unlawful to pay any other mem- 
ber of the Board, from the District Funds, for his serv- 
ices as a member of such Board. 

Fix course of Secoiid — To euforcc the rules an"d general regulations 

study. 

of the State Superintendent, to fix the course of study, 
Textbooks. the exercises and the kind of Text Books to be used; 



STATE OF COLORADO. 87 

Provided, That but one kind of Text Book of the same one kind in 

' same branch. 

grade or branch of study shall be used in the same 
department of a school, and that after the adoption of 
any book, it shall not be changed in less than four years, Not changed in 

. --..,. ,,., ^ less than four 

unless the price thereof shall be unwarrantably advanced, years. 
or the mechanical quality lowered, or the supply stopped. 

Third — To provide for school furniture, and for every- school furniture. 
thing- needed in the school-house, or for the use of the 
School Board. 

Fourth — To rent, repair and insure school-houses. Houses. 

Fifth — To build or remove school houses, and to pur- To buud or 
chase or sell school lots, when directed by a vote of the 
district so to do. 

~ Sixth — To hold in trust for their district all real or 
personal property for the benefit of the school thereof. 

Seventh — To suspend or expel pupils from school, Suspend or 

*" expel pupils. 

who refuse to obey the rules thereof, and to exclude from 
school children under six years of age. 

Eighth — To determine the number of teachers that p^""?^" "•" 

a teachers. 

shall be employed, and length of time over and above 

three (^) months that the school shall be kept: to fix the Length of schoo 

^^' _ _ ■■■ ' and school hours 

time for the opening or closing of schools, and for the 
dismissal of primary pupils before the regular time for 
closing of schools. 

Ninth — To provide books for indigent children, on indigent 

. -,.,,, - children. 

the written statement of the teachers that the parents of 
such children are not able to purchase them, and to fur- 
nish free Text Books for the use of all pupils, when 
authorized to do so by a majority vote of the district, as 
expressed at any regular or special meeting. 

Tenth — To require all pupils to be furnished with the 
proper and suitable books as a condition of membership 
in school. 



38 



SCHOOL LAW OF THE 



Immoral books. Eleventh — To exclude from school and school libra- 
ries all books, tracts, papers and other publications of 
an immoral or pernicious tendency. 



Annual report. 



Admit pupils 
from adjoining 
districts. 



Board may 
establish high 
school 



No building 
without vote 
of the district. 



Duties of 
president. 



Tzvelfth — To require teachers to conform to the law. 

Thir'teenth — To make an annual report, as required 
by law, to the County Superintendent, on or before the 
first day of August of each year, in the manner and 
form and on the blanks prescribed and furnished by the 
Superintendent of Public Instruction. 

Fotirteenth — To make a report directly to the State 
Superintendent, whenever instructed by him so to do. 

Fifteenth — Whenever a pupil resident in one district 
desires to attend school in another district, such pupil 
shall be permitted to do so; Provided, That the Board 
may refuse to admit pupils from other districts upon the 
ground of insufficient room. 

Sec. 52. The School Board of districts of the first 
and second classes shall have the power to establish a 
separate High School whenever they shall deem it expe- 
dient or necessary, and shall have power to determine 
the qualifications for admission to such schools, and shall 
exercise all the powers with reference to such High 
School which are accorded to them in relation to the 
schools of lower grade; Provided^ That no School Board 
shall build or lease any building especially for such 
High School, unless authorized to do so by a vote of the 
district, as provided in section sixty-two (62) [63] of this 
act. 

Sec. 53. The President, when present, shall preside 
at all meetings of the Board and of the district., shall 
sign all orders on the County Treasurer for the payment 
of money; Provided, That no orders shall be drawn 
upon the County Treasurer except in favor of parties to 
whom the district has become lawfully indebted. He 



STATE OF COLORADO. 39 

-shall appear in "behalf of his district in all suits brought 
hy or against the same, but when he is individually in- 
terested, this duty shall be performed by the Secretary, 
and in the absence of the President, the Secretary shall 
preside at Board and District meetings. Absence from Vacancy in 
the district of any school officer, when prolonged beyond 
thirty days, may be held to work a vacancy in said 
■office, which may be filled according to law. 

Sec. 54. Before entering upon the duties of his secretary shaii 
■office, the secretary shall execute a bond, with two^'"^ 
sureties, in the penal sum of five hundred (500) dollars 
in districts of the first and second classes, and the penal 
:sum of one hundred (100) dollars in districts of the 
third class, conditioned upon the faithful discharge of 
his official duties and the delivery of all district prop- Deliver to s«c- 

. ,•• ii-rr j_i- -.I- cesser in office 

erty pertaining to his ornce over to his successor, withm aii property, 
ten days after a demand is made for the same by a 
•qualified successor, said bond to be approved by and Bond to be 

•^ . . ' -^ ■^ approved 

filed with the county superintendent. The secretary secretary to 
shall record all proceedings of the board and of district ceedings. 
■meetings in a book, or books, kept for that purpose; 
shall preserve copies of all reports made to the State or Preserve copies. 
■County Superintendents; shall file all papers transmitted File aii papers 

... , 11 f-^ •• 11. transmitted 

to him by other school officers pertaining to the business to him. 
of the district; shall draw and countersign all warrants Countersign 

warrants. 

■or orders issued by the board; shall keep a register or Keep register of 
stub of all orders drawn, showing the number of the^"""^"^ 
order, date, amount, in whose favor and for what pur- 
pose drawn. Immediately after the election of one or 
more directors according to law, he shall transmit to Transmit a 
the County Superintendent a statement giving the name 
:and post-office address of the president, secretary and 
treasurer, respectively, of the boards of directors. 
Between the tenth day of April and the first day of 
May, in each year, the secretary, or some person author- 
ized by him, shall take a census of all persons over six Take census. 



40 



SCHOOL LAW OF THE 



Bona fide veafs aucl uiider twentv-one vears of ao^e who were bona 

residents. - - - . . ^ 

fide residents of the district on the tenth day of April 
aforesaid. The names so listed shall be arranged alpha- 
betically, and be so classified as to distingnish between 
Census shall be nialc and female. The census list shall be sworn to as 

sworn to as 

correct. corrcct by the person taking the same, and, if such per- 

son be other than the secretary, shall be certified by the 
List shall be for- secretary, and shall be forwarded to the countv superin- 

warded to county -^ ' ^ ^ 

superintendent tcndcnt OH ov befove the fii'st day of June of the current 
school year. In districts of first and second classes a 

A copy. copy shall be delivered to the principal teacher, or 

Superintendent of the district, and in all cases a copy 
shall be retained in the office of the secretary. 



List to be exam- S^C. s S- Thc ccusus Hst of the several districts 

ined and com- "^ 

pared by county ghall bc carcfulH' cxamiucd and compared bv the County 

superintendent. •' i. . j 

Superintendent, and if the name of the same person be 
found upon more than one list, he shall strike said name 
from all lists except that of the district in which such 
person was residing in good faith on the tenth day of 
April aforesaid. The residence of an unmarried person 
of school age shall, in all cases, be held to be identical 
with the bona fide residence of the parent or guardian 
of such person; Provided^ That such parent or guardian 
be a resident of the State, If the County Superintend- 
ent find upon an}' census list the names of any persons 
who he believes were not residents in good faith of such 
district as aforesaid, he shall notify the Secretary certi- 
fying the list, and, if said Secretary shall not establish 
the correctness of the list within fifteen (15) days after 
such notification, such names shall be stricken from the 
list. At the time of taking the annual census, the Sec- 
retary shall use reasonable diligence to ascertain the 
number of blind and deaf mute persons resident in the 
district, between the ages of four (4) and twenty-two 
(22) years, with the name and post-office address of each. 



Additional 
statistics. 



Blind and deaf 
mutes. 



STATE OF COLORADO. 41 

Said items shall be embodied in his annual report to the 
County Superintendent. 

Sec. s6. The Secretary shall keep an accurate ac- secretary's 

. ' . . duties. 

count of the expenses incurred by the district, and shall 

present the same to the Board whenever called upon. 

He shall give the required notice of all regular and Give notice. 

special meetings, as herein authorized. On or before 

the first day of August of each year he shall make out 

and file in the office of the County Superintendent a 

report of the affairs in his district. Said report shall be Annual repow. 

made upon blanks prepared by the Superintendent of 

Public Instruction containing such items of information 

as the said Superintendent shall require, including the 

following, viz: 

First — The number of persons, male and female, items. 
each, in his, district between the ages of six (6) and 
twenty-one (21) years. 

Second — The number of schools and the branches 
taught in each. 

Third — The number of pupils in each school. 

Fourth — The number of teachers employed in each 
school, and the compensation of each per month. 

Fifth — The number of days the school was taught 
during the year then past, and by whom. 

Sixth — The number of pupils enrolled during the 
year; the average daily attendance. 

Seveitth — The average cost of school per month for 
each pupil, based upon the total enrollment, and also 
the average cost based upon the average daily attendance. 
In estimating these averages, the Secretary shall take 
account of the teachers' wages, all current expenses, and 
six per cent, interest upon a fair valuation of all property- 
belonging to the district. 



42 SCHOOL LAW OF THE 

Eighth — Text books used in each school. 

Ninth — The number of volumes in the library of each 
school. 

Tenth — The ao^gregate amount paid teachers during 
the year, and the average monthly pay of teachers. 

Eleventh — The number of public school-houses, and 
the estimated value of each. 

Twelfth — The amount raised by tax in the district 
during the year for school library. 

Thirteenth — The amount raised by subscription, or 
by other means than tax. 

Fourteenth — The amount of special tax levied for 
the support of schools, and for buildings, sites and fur- 
niture. 

Fifteenth — The amount of money on hand at the 
beginning of the year then past. 

Sixteenth — The amount of money received from all 
other sources than those herein specified. 

Forfeit for failure Sliould the Secretary fail to file his report, as above 
directed, he shall forfeit the sum of one hundred (loo) 
dollars, and shall make good all losses resulting to the 
district from such failure. 

Render state- Sec. 57. Thc Sccrctary shall render a statement of 

ment to board. , ... -__ , 1111 

the condition oi the nuances, as shown by the books, at 
any time when required by the School Board, and his 
Books always books shall always be open for inspection. 

Duties of Sec. 58. It shall be the duty of the Treasurer to 

countersign all warrants drawn by the President and 
Secretary oh the County Treasurer, in favor of parties 
to whom the District has become lawfully indebted, and 
to keep an account of the same. He shall take charge 
of all moneys received by him on account of the Dis- 
trict from the County Treasurer, as provided in sections 



treasurer. 



STATE OF COLORADO. 43 

ninety-one and ninety-two of this act, and pay out the 
same as therein provided. He shall render a statement 
of the finances of the District, as shown by the records 
of his office at the close of each school year, and at any 
other time when required by the Board. For a failure 
to perform any of the duties of his office when directed Penalty. 
by the Board, or for refusinj^ or neglecting to deliver to 
his legally qualified successor all moneys, books or other 
District property in his possession or care, within ten 
days after the same shall have been demanded by such 
successor, he shall be liable on his bond, and shall make 
good all loss resulting to the District from such failure 
or neglect. 

Sec. 59. No Superintendent or District Officer shall Neglect of juty 

- , . - , a misdemeanor. 

receive any compensation, who has neglected or refused 
to perform any duty required by law, and any District 
Officer so neglecting or refusing, when specially directed 
T^y a majority of the District Board, shall be deemed 
guilty of a misdemeanor, and it shall be deemed a viola- 
tion of law for any person to draw or sign a warrant for 
the payment of such delinquent officer, and any person 
so signing a warrant shall be liable in double the amount 
■of such warrant. 

TEACHERS. 

Sec. 60. No District Board shall employ any person shaii not teach 
to teach in any of the public schools of the State, unless «rdficate. 
such person shall have a license to teach, issued from . 
the proper District, County or State authority, a&d in 
full force at the date of employment; and any teacher, 
who shall commence teaching in any such school with- 
out such license, shall forfeit all claim to compensation Forfeit. 
out of the school fund for the term so teaching without 
such license. And if a teacher's license shall expire by 
its own limitation within a term of employment, such Expiration of 
■expiration shall not have the effect/ to stop the school, or to"torschooi. 



44 



SCHOOL LAW OF THE 



Not dismissed 
without cause. 



Report. 



Report to the 
secretary. 



Shall notify 
county superin- 
tendent of 
commencement 
and close. 



stop the teacher's pay; Provided. That a teacher whose 
certificate so expires, if the term of school for which 
such teacher is employed extends more than one month 
after such expiration, shall secure a new certificate, or a 
renewal of the old one held while the same is in force, 
And^ provided, further, That a certificate shall not be 
required of persons employed to teach either music, 
drawing, or modern languages only. No teacher shall 
be dismissed without good cause shown, and such teacher 
shall be entitled to receive pay for services rendered. 

Sec. 6i. It shall be the duty of the teacher of every 
public school in this State to keep, in a neat and busi- 
ness-like manner, a daily register in such form and 
upon such blanks as shall be prepared by the Superin- 
tendent of Public Instruction. At the close of each 
term of school, not to exceed four months, the teacher 
shall fill the summary in such register, and, in ungraded 
schools, file the register with the Secretary of the 
district, who shall preserve the same; in graded 
schools the register aforesaid shall be filed with the 
Principal or Superintendent of the district, in which 
case said Principal or Superintendent shall make an 
abstract of the summaries of all such registers upon 
blanks prepared by the Superintendent of Public In- 
struction, and file the same with the Secretary, which 
shall also be preserved. The Teacher, Principal or 
Superintendent, as the case may be, who is in charge of 
the last term of school in any school year, shall file with 
the Secretary a summary of the statistics tor the year, 
as shown by the summarized reports of all the terms 
during the year. The principal teacher of every public 
school, within one week after the beginning of each 
term, shall notify the County Superintendent of the date 
of such beginning and the proposed length of the term. 
Nothing in this section shall be construed to prohibit 
any district board from requiring teachers, principals 



STATE OF COLORADO. 45 

and superintendents to keep any additional registers and 
records of statistics which such board may deem desira- 
ble. Until the registers, summaries and abstracts herein 
above described have been filed as aforesaid, it shall be Penalty. 
unlawful for the officers of any district to draw a war- 
rant for the last month's salary of any teacher, principal 
or superintendent whose duty it is to make and file such 
register, summary or abstract. All blanks required in 
the execution of this section shall be supplied by the 
Superintendent of Public Instruction to County Super- 
intendents, and by them to district secretaries. 

SPECIAL DISTRICT MEETINGS. 

Sec. 62. In any district of the third class, the Board Directors to 
of Directors may at any time call a special meeting of cfass^distHcts. 
the electors of such district, for any of the purposes 
specified in section sixty-two (62) [sixty-three] of this 
act, and it shall be their duty to call such meeting, if 
petitioned so to do by ten (10) legal voters of the dis- Ten voters may 
trict. Notices, specifying the time, place and object of ^odce" 
such meeting, shall be posted in three (3) public places, items. 
one of which shall be at the place of meeting, at least 
twenty (20) days prior to the time of holding such meet- Twenty days. 
ing. 

Sec. 63. The qualified electors of districts of the Powers of 

electors 

third class, when assembled at any regular or special 
meeting shall have power: 

First — To appoint a chairman and secretary in the items, 
absence of the regular officers. 

Second — To adjourn from time to time, as occasion 
may require. 

Third — To fix the site for each school-house, taking 
into consideration in doing so the wants and necessities 
of the people of each portion of the district. 



46 SCHOOL LAW OF THE 

Foiij'tJi — To order such tax on taxable property of the 
district as the meetinor shall deem sufficient for any of 
the following- purposes: To pay teachers; to purchase or 
lease a suitable site for a school-house or school-houses; 
to build, rent or purchase a school-house or school- 
houses and to keep in repair and furnish the same with 
the necessary fuel and appendages; for procuring libra- 
ries for the schools, books and stationery for the use of 
the Board and District meetings, and to defray all other 
contingent expenses of the district. 

Fifth — To direct the sale or other disposition to be 
made of any school-house, or the site thereof, and of 
such other property, real or personal, as may belong to 
the district, and to direct the manner in which the pro- 
ceeds arising therefrom shall be applied. 

Sixth — To transact generally such business as may 
tend to promote the cause of education, in accordance 
with the provisions of this act. 

Seventh — To adopt any rales of order for the govern- 
ment of district meetings not incompatible with the 
provisions of this act, and to alter and change the same 
from time to time, as occasion may require. 

County Sec. 64. The County Commissioners shall, at the 

sS"ievy°"a"es. time of Icvyiug the tax for county purposes, cause to be 

levied a tax for the support of schools within the county, 

of not less than two (2) mills on the dollar, and not more 

Two to five than five (5) mills on the dollar, of the assessed value of 

mills. , . , . , 

all the taxable propercy, real and personal, withm the 

county, which tax shall be collected by the County 

Treasurer Trcasurcr at the same time, and in the same manner, as 

shall collect. ' _ ' 

State and county taxes are collected, except that it shall 
be receivable only in cash. 
County clerk Sec. 6s. No Couuty Clcrk, or other person, who 

must lew with ^ 

orwithout shall make out the tax-list or assessment roll of any 

order of 

commissioners, couuty, shall omit or neglect to levy said tax of two (2)- 



STATE OF COLORADO. 47 

mills, as aforesaid, by reason of the omission of the 
Board of County Commissioners to pass a resolution for 
that purpose. Failure to levy a tax of at least two (3) 
mills, as above specified, shall be deemed a violation of 
the law, and the person or persons through whose neg- 
lect or refusal the failure so to levy shall occur, shall 
forfeit the sum of one hundred (100) dollars each, and Forfeit for failure 
be liable for all damages resulting from such neglect or 
failure. 

Sec. 66. The County Treasurer shall, on or before cou„ty treasurer 
the first day of January, April, July and October of eachcXted^"""' 
year, certify the amount of said tax which shall have tendent quarterly 
been collected, and the amount of any other county 
school money then in the County Treasury, to the 
County Superintendent, and shall render him a state- 
ment of the amount uncollected. The amount unpaid 
shall be collected at any subsequent time as delinquent Delinquent 

-^ _ ^ taxes. 

taxes are collected, and shall be certified to the County 
Superintendent, as aforesaid. Should the Treasurer fail 
at any time to pay over the tax, as herein provided, he 
shall forfeit the sum of one hundred (100) dollars, and Fo'"f'=''^^"<^ 

^ ' ' damage. 

double damages, to be collected on his official bond; suit 
to be brought by the County Superintendent, for the 
benefit of his County [School Fund]. 

Sec. 67. On or before the day designated by law for 
the Commissioners of each county to levy the requisite 
taxes for the then ensuing year, the School Board in school boards 
each District shall certify to the County Commissioners, 
the number of mills per dollar which it is necessary to 
levy on the taxable property of the District, to raise a 
special fund for any of the purposes specified in section 
fifty-one of this chapter, and the County Commissioners 
shall cause the same to be levied at the same time that 
other taxes are levied, and the amount of such special 
tax which shall be assessed to each taxpayer of such 
District shall be placed in a separate column of the tax 



to county 
I commissioners. 



48 SCHOOL LAW OF THE 

book, which shall be headed "Special School Tax;" 
Fifteen mills tax /a^^jy^-^^^ That a School Board of a District of the third 

by districts of ' 

the third class, class shall not certify, as above, to a hig-her rate than 
Separate column fifteen mills pcr dollar. There shall also be a column in 

for each district. -^ 

said tax-book in which shall be designated the number 
of the School District in which the property is listed. 
This tax shall be collected in cash only, and placed to 
the credit of the proper District as fast as collected, and 
the amount placed to the credit of each District shall be 
reported to the Secretary of such District at the end of 
every month, and shall be subject to the order of the 
Duties of the Distrlct Board. It is hereby made the duty of the 

assessor and 

county treasurer. County Asscssor and County Treasurer to so arrange 

their tax schedules and books as to conform to the above 

Where prop- provislous; Pvovided^ That the County Assessor shall 

erty is listed. . ,, , , , - , . , 

list all property, both real and personal, in the School 
District in which the same may be on the first day of 
May; And^ provided^ fiu'ther^ That the Board of any 
District may order the levy of not to exceed one-tenth 
of one mill, the proceeds of which shall be used exclu- 
Libr.ry tax. sivcly ill the purcliasc of books for a library, to be open 
to the public, under such rules as the District Board 
may deem needful for the proper care of the said library. 

County treasurer Sec. 68. It shall bc thc duty of thc Couuty Treas- 

to keep an , , . , , 

account with urcr to opeu and keep separate accounts with each 
School District in his couuty, and hold the funds of each 
District, subject to the legal warrants of the President, 
as provided by section fifty-three of this chapter. If 
the legal warrant of any School District in his county 
be presented to the County Treasurer when there are no 
funds in his hands to the credit of the District Fund 
against which the warrant is drawn, he shall endorse 
such warrant "No Funds," and said warrant shall draw 
interest from the date of such endorsement at the same 
rate as county warrants in like condition. The Treas- 
urer shall keep a list of all warrants so endorsed, and 



each district. 



STATE OF COLORADO. 49 

shall pay them whenever there is sufficient money to 
the credit of the proper fund in the order of such 
endorsement. The interest on such warrants shall stop 
when the Treasurer shall give notice that he has funds 
to pay the same; Provided^ It shall not be lawful for 
the officers of any District to issue warrants at any time 
in an amount in excess of the tax levy for the current 
year. 

PENAL FUND. 

Sec. 69. All fines, penalties and forfeitures provided Fines under this 
by this act may be recovered by action of debt, in the 
name of The People of the State of Colorado, for the 
use of the proper School District or county, and shall, 
when they accrue, belong to the respective Districts, or 
counties, in which the same may have been incurred; 
and the County Treasurers, for their counties, are hereby 
authorized to receive and cause to be placed to the proper 
credit such forfeitures. Except as otherwise provided 
by law, all sums of money derived from fines imposed 
for violation of ot^ders of injunction, mandamus and 
other like writs, or for contempt of court, shall be paid Contempt of 
into the school fund of the county wherein the contempt 
or such violation was committed; and the clear proceeds P^nai fines. 
of all fines collected within the several counties of the 
State for breach of the penal laws, and all funds arising 
from the sale of lost goods and estrays shall be paid Astray. 
over in cash by the person collecting the same, within 
twenty (20) days after the collection, to the County 
Treasurer of the county in which the same have accrued, 
and shall be by him credited to the general county school 
fund. He shall indicate in such entry the source from 
which such money was derived. Any officer, or person, 
collecting or receiving any such fines, forfeitures or other 
moneys, and refusing and [or] failing to pay over the 
same, as required bylaw, shall forfeit double the amount Forfeiture for 
so withheld, and interest thereon at the rate of five (5) over!^^ '° ^"^ 



50 SCHOOL LAW OF THE 

per cent, per month during the time of so withholding 
fende'/tto'iook" ^^^ Same; and it shall be a special duty of the County 
after fines, etc. Superintendent of Schools to supervise and see that the 
provisions of this section are fully complied with, and 
report thereon to the County Commissioners semi-annu- 
ally, or oftener, if required by them. 

Reconsideration, Sec. 70. It shall uot bc lawful for SL district or a dis- 
trict board to reconsider the question of the levy of a 
special tax after the same has been certified to the County 
Commissioners, nor shall said Commissioners be charged 
with any discretion in the matter of such levy further 
than to ascertain if the law has been obeyed. 

^o^beSfoT'' Sec. 71. It shall be illegal for any school board to 

'"^ appropriate or cause to be used any money belonging to 

the general school fund, for the purpose of building, 

furnishing or erecting additions to any school-house, or 

for the purchase or improvement of any school-house, 

Balance after ten site or loti Provided, That if any portion of the afore- 

months school. , , -^ •"■ 

said School Fund remains to the credit of any district 
after the payment of all expenses necessary to the sup- 
port of a public school for a period of ten months in any 
one year, in said district, it shall be lawful for the Dis- 
trict Board to use such balance for any of the purposes 
provided for in section fifty-one of this chapter. 

APPORTIONMENT OF SCHOOL FUND. 

apportionment. Sec. ^2. lu apportioning thc General Fund, as 
directed in section nineteen of this chapter, the County 
Superintendent shall base the July apportionment, in 
each year, on the census lists and reports of the secre- 
taries of the several districts for the school year next 
preceding, and he shall base all apportionments oii said 
lists and reports for a period of one year, except in the 
case of the apportionment to new districts, as provided 
in section thirty-two of this chapter. 



STATE OF COLORADO. 51 

Sec. ix. The County Superintendent shall ap per- Apportioned 

' ^ _ •' ^ J- J- according to 

tion the funds aforesaid among the districts entitled to""="^- 
the same, according to the number of persons of school 
age, as shown by the census lists and reports of the sev- 
eral districts for the school year immediately preceding, 
as provided in section seventy-two. 

Sec. 74. Whenever a District Secretary fails to file Forfeiture 

referred to state 

his annual report and census list with the County Super- superintendent. 
intendent, according to law, thereby rendering it impos- 
sible for the said Superintendent to apportion to such 
district any part of the General Fund for the ensuing 
year, if it can be shown to the satisfaction of the Super- 
intendent of Public Instruction that such report and 
census list were prepared and reasonable diligence used 
to place the same in the hands of the County Superin- 
tendent, and that such report and census list failed to 
reach said Superintendent by reason of some accident 
or extraordinary occurrence; and if it be further shown 
that a public school was maintained in such District 
for not less than the minimum time required by the 
State Constitution; and if it be also shown that dupli- 
cates of the missing papers have been placed in the 
hands of the County Superintendent, or in his office, 
then the Superintendent of Public Instruction shall 
direct the County Superintendent to apportion to such 
District \is per capita share of the General Fund distrib- 
uted during the remainder of the year, as provided in 
section seventy- two. 

Sec. 75. Any school district failing to maintain a no district en- 

11*11 1 1 1 r- tided to money 

public school at least three months of anv school vear, unless it has a 

- - ' school at least 

shall not be entitled to receive any portion of the school ^.''''y ^^P- h°ii- 

-^ •'- days included. 

fund for that year. 



52 



SCHOOL LAW OP THE 



SCHOOLS. 



Public school. 



Sec. 76. A public school is hereby defined to be a 
school that derives its support entirely, or in part, from 
moneys raised by a general State, county or district tax. 

o"e^n'foriir°'^ Sec. ']']. Every public school, except high schools, 

^hl'a'^esore'^""^^^^^^ be open for the admission of all children between 
and 21 years. ^^ ^gcs of six (6) aud twcnty-oue (21) years residing in 
that school district during at least four school months 
in each year, and the school board shall have power to 
admit adults, and children not residing in the district, 
if they see fit so to do, and to fix the terms of such 
admission. 



School taught 
in the English 
language. 



German and 
Spanish taught 
by request. 



School year. 

Month. 
Day. 



Sec. 78. The public schools of this State shall be 
taught in the English language, and the school boards 
shall provide to have taught in such schools the branches 
specified in section fifteen of said chapter, and such other 
branches of learning in [and] other languages as they 
may deem expedient, including hygiene with special ref- 
erence to the effects of alcoholic stimulants and narcotics 
upon the human body; and whenever the parents or 
guardians of twenty or more children of school age shall 
so demand, the Board of such School District may pro- 
cure efficient instructors and introduce the German and 
Spanish languages, or either of them, and gymnastics, 
as a branch of study into such school; and said District 
Board may, upon like demand of the parents and guar- 
dians of children of school age, procure efficient instruc- 
tors to teach the branches specified in said section fifteen, 
in the German and Spanish languages, or in either of 
such languages as said Board may direct. 

Sec. 79. The school year shall begin on the first 
day of July and end on the thirtieth day of June. A 
school month shall be four weeks, a school week five 
days, and a school day shall not exceed six hours, ex- 
cluding the time of intermission at noon. The term 



STATE OF COLORADO. 53 

*' National Holidays," in this chapter, shall be con- Legal holidays. 
strued to mean Thanksgiving Day, Christmas Day, New 
Year's Day, Washington's Birthday, Decoration Day, 
Labor Day and the Fourth day of July. 

Sec. 8o. A school census is hereby defined to be a school census, 
census embracing all persons between the ages of six 
and twenty-one years. School age is hereby defined to school age. 
be any age over six and under twenty-one years. 

teachers' normal institutes. 

Sec. 8i. For the purpose of organizing and main- 
taining Teachers' Normal Institutes, the State shall be 
divided into the following Institute Districts,- viz: The 
counties of Larimer, Boulder, Weld, Logan, Washing- institute 
ton, Routt and Grand to constitute Normal District No. 
one (i). The counties of x-\rapahoe, Jefferson, Gilpin, 
Clear Creek, Douglas and Elbert to constitute Normal 
District No. two (2). The counties of El Paso, Pueblo, 
Fremont, Custer, Huerfano, Las Animas and Bent to 
constitute Normal District No. three (3). The counties 
of Lake, Park, Chaffee, Summit, Garfield, Pitkin and 
Eagle to constitute Normal District No. four (4). The 
counties of Gunnison, Ouray, Hinsdale, ^Montrose, Delta, 
Mesa and San Miguel to constitute Normal District 
No. five (5). The counties of Saguache, Rio Grande, 
Conejos, Costilla, Archuleta, La Plata, San Juan and 
Dolores to constitute Normal jDistrict No. six (6); Pro- 
vided^ That new counties formed within the limits of 
any Institute District shall be a part of said district. A 
Normal Institute for the instruction of teachers and institute hew 
those desiring to teach may be held annually, for a ^o weels^" 
term of not less than two weeks in each Normal Dis- ^"°"^ ^ 
trict of the State. The County Superintendents of each 
Institute District shall annually select three of their 
number as an executive committee, who, with the Executive 
advice and consent of the iSuperintendent of Public '^°"°""^^" 



54 



SCHOOL LAW OF THP: 



Instruction, shall determine the time and place of hold- 
ing such Normal Institute, and shall select a conductor 

Expenses, how aud iustructors for the same. To defray the expenses 
of said Institute, the executive committee shall require 

Registration fee. the payment of one dollar registration fee for each per- 
son attending the Normal Institute, and each County 
Superintendent is hereby authorized to add five per 
cent, to the average standing in examination of teachers 
who shall attend the Normal Institute from his county. 
When a Normal Institute of not less than two weeks is 
held in any Institute District of the State, the executive 
committee in charge shall certify to the Boards of 
County Commissioners of the several counties within 
the district the number and names of the persons 
attending said Institute from their respective counties, 
and it shall be the duty of the Board of County Com- 
missioners of the county where such persons belong, to 
appropriate the sum of one dollar for each person so 
certified. The funds arising from registration fees and 
appropriations of County Commissioners shall be desig- 
nated the "Normal Institute Fund," and some County 
Treasurer, whom a majority of the County Superin- 
tendents of the district shall designate, shall be the 
custodian of said fund. The executive committee shall, 
at the close of each Institute, transmit to said custodian 
all funds received by it, as provided in this section^ 
together with the name of each person paying a regis- 
tration fee. The executive committee shall also report 
to the several Boards of County Commissioners in the 
district, the name and address of the custodian of the 
"Normal Institute Fund." On the receipt of- such 
notice the several Boards of County Commissioners shall 
issue warrants for the appropriations provided in this 
section, payable to the said custodian. It shall be the 
duty of the Superintendent of Public Instruction, 
annually, when the executive committee of any Normal 



Appropriation 
by counties. 



Custodian 
of fund. 



State aid. 



STATE OF COLORADO. 55 

Institute District shall certify that not less than twenty 
persons have paid the registration fee, and have received 
instruction durino- the session of the Institute, to certify 
the same to the Auditor of State, who shall forward to 
the custodian of the "Normal Institute Fund" of such 
district a warrant on the State Treasurer for the sum of 
fifty dollars, to be paid out of any money appropriated 
for that purpose. All disbursements of the "Normal 
Institute Fund" shall be upon the order of the execu- 
tive committee, and no order shall be drawn on said 
fund except for claims approved by said committee for 
services rendered and expenses incurred in connection 
with the Normal Institute. It shall be unlawful to pay 
any one from the Institute Fund for services as conductor conductors and 

f. . . ,- ^,, instructors. 

or instructor oi such institute, who does not hold a 
certificate of qualification for such work, issued by the 
State Board of Education, upon the recommendation of 
the State Board of Examiners. 

APPEALS. 

Sec. 82. Any person aggrieved by any decision or Made within 
order of the District Board of Directors, in matter of ' '"^ ^^^' 
law or fact, may, within thirty days after the rendition 
of such decision, or making of such order, appeal there- to county 
from to the County Superintendent of the proper county, ''''p^""'^" 

Sec. 83. The basis of the proceeding shall be an By affidavit. 
affidavit, filed by the party aggrieved, with the County 
Superintendent, within the time for taking the appeal. 

Sec. 84. The affidavit shall set forth the errors com- set forth errors. 
plained of, in a plain and concise manner. 

Sec. 8";. The County Superintendent shall, within Notify secretary 

^ -^ '■ ' within five days 

five days after the filing of such affidavit in his office, 
notify the secretary of the proper district, in writing, of 
the taking of such appeal, and the latter shall, within 
ten days after being thus notified, file in the office of the 



56 SCHOOL LAW OF THE 

Transcript filed Countv Superintendent a Complete transcript of the rec- 

within ten days. ^ _ ^ '■ '- 

ord and proceedings relating to the decision complained 
of, which shall be certified to be correct by the secretary. 

Notify all parties Sec. 86. After the filing of the transcript, a.forcsaid, 
in his office, he shall notify, in writing, all persons 
adversely interested, of the time and place where the 
matter of the appeal will be heard by him. 

Hear testimony Sec. 8?. At tlic timc thus fixcd for hearing, he shall 

and make ' _ 

decisions. hcar testimony for either party, and for that purpose may 

administer oaths, if necessary, and he shall make such 
decision as may be just and equitable, which shall be 
final, unless appealed from, as hereinafter provided. 

Any persons Sec. 88. Any pevsoii or d/s^r/c^ ^(^^ro' aggrieved bv 

aggrieved by any ,•• 1r1/-^ <-> • i 

order of county auv dccisiou or ordcr oi the Lountv buperintendent, in 

superintendent ■' . . ' . 

may appeal. matter of law or fact, may, within thirty days after the 
rendition of such decision or' making of such order, 
appeal therefrom to the State Board of Education, in 
the same manner as provided in this act for taking 
appeals from the District Board to the County Superin- 

in caseof appeal, tendent, as nearly as applicable. In case of an appeal, 

state board shall . , , , T , , ^ ^ ^ ^ • . 

examine tran- whcrc a trial has bccu had before the County Superin- 

script of proceed- 
ings and decide tendent and a decision rendered, the State Board shall 

examine a transcript of such proceeding and render a 

decision therefrom, but no new testimony shall be ad- 

other cases of tiiitted. Ill othcr cases of appeal the board may require 

R^q^uire papers ^^ ^lic partlcs sucli papcrs and documents as may be 

and documents. tj^Q^ight ucccssary, aud the board shall have power to 

Administer oath, admiiiistcr oaths through its president. The decision of 

wd'sha°/be the board, or a majority of said board, shall be rendered 

by the president, and such decision, when made, shall be 

Applicant for final. Whcu au applicant for a certificate at a regular 

aggrieved. ' examiuatiou shall feel aggrieved at the decision of the 

May appeal. County Superintendent, and shall appeal to the State 

Questions and Board, tlic qucstioiis used and the answers given shall be 

examined. examined by the board, and if the decision of the County 



STATE OF COLORADO. 57 

SuDerintendent be reversed, the State Board shall issue Decision 

•^ reversed . 

to the apDellant a certificate of such grade as the answers state board shaii 

issue a certificate 

shall warrant; Provided, That a good moral character 
and success as a teacher be shown. 

Sec. 8q. Nothing in this act shall be so construed no judgment for 

*" money rendered. 

as to authorize either the County Superintendent or the 
State Board to render a judgment for money; neither 
shall they be allowed any other compensation than is 
allowed by law. All necessary postage must first be 
paid by the party aggrieved. 

SCHOOL DISTRICT BONDS. 

Sec. qo. On the petition of twenty legal voters of Notice given on 

. ^ . petition of 

any school District, the Secretary of said district shall '^<^"'y ^o'^'^s. 
give notice, not less than twenty days before any regular vote may be 

• 1 • 111 1 1 •• r 1 • t'l'^^n at any 

•or special meeting held under the provisions of this regular or 

. . special meeting. 

chapter, that the question of contracting a bonded debt 
for the purpose of erecting and furnishing school build- 
ings, or purchasing ground, or for funding floating debts, None are voters 

■111 1- 1 i-ri <-ii'. except such as 

Will be submitted to such qualmed voters of the district i^^ve paid school 
as have paid a school tax therein m the year next pre- 
ceding the said meeting; Provided^ That it shall be 
lawful for districts of the first and second class to hold 
special meetings for this purpose, in the same manner 
as is provided in this chapter for districts of the third class. 
Any person offering to vote may be challenged by any 
legally qualified elector of the district, and any one of 
the judges of election shall thereupon administer the 
person challenged an oath, as follows: "You do swear oath. 
{or affirm) that you are a citizen of the United States, 
■or that you have declared your intention to become such; 
that you have resided in the State of Colorado six 
months immediately preceding this election; that you are 
twenty-one years of age; that you have resided in this 
■district thirty days next preceding this election; and that 
you have paid a school tax within this School District 



58 



SCHOOL LAW OF THE 



Not to exceed 
35'2 per cent, of 
valuation. 

Vote by ballot. 



Interest not to 
exceed eight 
per cent. 

Redeemable at 
pleasure of 
district. 



Payable at 
county treas- 
urer's office or 
in New York. 



Registered in 
county record- 
er's office. 



County com- 
missioners levy 
all bond taxes. 



during the past year, and that yon have not voted at this 
election, so help you God (or under the pains and pen- 
alties of perjury)." If he shall refuse to take such oath 
or affirmation, his vote shall be rejected. The electors 
aforesaid shall first agree, by a majority vote, on the 
amount of indebtedness to be created, if any (but in no 
case shall the aggregate amount of bonded indebtedness 
of any School District exceed three and one-half per 
cent, of the assessed value of the property of such dis- 
trict), and shall then proceed to vote by ballot "For the 
bonds," or "Against the bonds," and the ballot box for 
this purpose shall be kept open, as provided in section 
forty-four (44) of this act; and if it appear that a majority 
of all the votes cast are "For the bonds," the Board of 
Directors, as soon as practicable, shall issue coupon 
bonds of the district, bearing interest not exceeding 
eight per cent, per annum, payable semi-annually, and 
redeemable at the pleasure of the district, after five 
years, and payable fifteen years from date, the principal 
and interest payable at the office of the Treasurer of the 
county in which the said district may be situated, or 
the interest may be made payable in the City of New 
York, at the option of the holders thereof, and the can- 
celled coupons shall be at the disposal of the District 
Board. 

Sec. 91. Whenever any School District shall issue 
bonds under the provisions of this act, all such bonds 
shall, previous to being negotiable, be presented to the 
Recorder of the county, to be duly registered by him in 
a book kept for that purpose in his office, noting the 
School District, amount, time of payment and rate of 
interest, and all such bonds shall state on their face that 
they are issued under the provisions of this act. 

Sec. 92. Whenever any School District shall issue 
bonds under the provisions of this act, it shall be the 
duty of the Board of Commissioners of the county in 



STATE OF COLOEADO. 59 

which said district may be situated, to levy and assess a 
special tax on all the taxable property of such district in 
amount sufficient to pay the interest coupons thereon, 
when the same shall become due accordino^ to their tenor 
and effect, and the County Treasurer shall collect the 
same as other taxes are collected, in cash only, keeping 
the same separate from other funds received by him; 
and if there shall be any surplus after paying [the cou- sm-pius to go 
pons and] the expenses of collecting such special tax, 
the Treasurer, shall, without delay, pass the same to the 
credit of such school district, and such fund so passed 
to the credit of the district shall be subject to the dis- 
posal of the Board of Directors. And after the expira- 
tion of five years next after the issue of such bonds, and 
annually thereafter until the full payment of said bonds, 
the County Commissioners shall provide by taxation, 
and shall collect at least ten per centum and not more 
than twenty per centum of the principal of such bonds. Taxes for 
which amount shall be assessed and collected the same ^""'^'p^ ' 
as the tax for the payment of the interest coupons, and 
when collected shall be turned .over to the Treasurer, 
of such School District, such money to be used only in 
the payment of such bonds, in manner as follows: The 
Treasurer of such School District, immediately after Manner of 
receiving the money as aforesaid, shall advertise in some 
newspaper published in his count}^, if there be any, for 
four successive weeks, that, on a certain day named in 
the advertisement, he will pay certain of the District 
bonds, said bonds to be described in the advertisement 
by number and amount, and the advertisement shall 
further state that after the day so fixed for payment the 
interest on the bonds described as aforesaid shall cease 
and determine. The said payment shall be made in At county treas- 

1 rr 1-1 r /T>. urer's office. 

the omce and m the presence of the Treasurer of the 
county, who shall cancel the bonds redeemed, and a 
minute of such cancellation shall be made on the books 



60 SCHOOL LAW OF THE 

of the County Recorder, after which they shall be at 

the disposal of the District Board. The provisions of 

Bonds issued i]^[q scction for levying- and collectino- taxes, and for the 

under territorial ^ o .•~. i 

laws. payment of interest coupons, shall be applicable to all 

School Districts that have issued bonds under the pro- 
visions of the laws of the Territory of Colorado. 

Manner of Sec. 93. lu all Dlstricts that have issued bonds 

redeeming bonds - . . r 1 1 r 1 ata • r /-a 1 

issued under uudcr the provisious 01 the laws of the Territory of Col- 

territorial laws. .,-_. -,... ,., 

orado, the Treasurer of the District, immediately after 
receiving the annual installment of the fund for the 
redemption of said bonds, as provided in section ninety- 
one (91) [ninety-two], shall go into the market, and, at 
the lowest price for which he can obtain such bonds, 
shall use such fund in the retiring of such bonds to the 
Shall not pay extcut of such fuud; Provided. That the said Treasurer 

over nve per ' ' 

cent, premium, shall not pay morc than five per cent, premium on any 

bonds of his District, and any balance of said funds 

Invest balance remaining in the hands of said Treasurer shall be in- 

'b"o^d"s"^'^ ^'^'* vested, as nearly as possible, in United States bonds or 

State bonds of Colorado. 

Sec. 94. All United States or State bonds, which 

may come into the hands of any District Treasurer, 

under the provisions of this act, shall be duly recorded 

in the books of the District and deposited in the safety. 

Bonds deposited vault of some bank within the State, selected by the 

in some bank. . . . f.^. . -.-,', 

District Board. The interest coupons of said bonds 

shall be duly collected by the District Treasurer, and 

the proceeds turned over to the County Treasurer, to be 

Interest uscd iu the payment of the interest coupons of the bonds 

appropriated. - ., . . 

of such District, and the annual tax for the payment of 
the interest on said District bonds shall be proportion- 
Bonds sold, ately lessened. Said United States or State bonds shall 
be sold by the District Board at the best market rates, 
and the proceeds thereof used to redeem the bonds of 
the District, when the same become due, or when they 
can be bought at not to exceed five per cent, premium. 



STATE OF COLORADO. 61 

Sec. qS- No change in the boundary lines of such No change in 

, . boundary lines 

School District shall release the taxable real estate of '^leases any 

property from 

the District from assessment and levy of taxes to pay *^°"<i 'ax. 

the interest and principal of such bonds, and if there 

shall be any change of the lines of such School District, 

so as to leave any portion of the taxable real estate of 

the District, out of the District, which was subject to 

taxation in the District at the time of the issue of such 

bonds, the assessment and levy for principal and interest 

of such bonds, shall be made on such property as if it 

were still within the District, and if there shall be any 

change of the lines of such School District, so as to 

annex any taxable real estate, after the issue of such 

bonds, the real estate so annexed shall thereafter be Property added 

. .,--.. to the district 

subject to the assessment and levy for pnncipal and I'^bie for tax. 
interest of such bonds. 

Sec. 96. The Treasurer of the county shall receive compensation 

. ~ . ^. . ^ . of county 

the same compensation lor the collection of such special treasurer. 
taxes as he does for other school taxes. 

Sec. 97. All such bonds so issued shall be signed by Bonds .sealed 

., ., p.,,--.,. *nd counter- 

the president 01 the board of directors, and shall have signed. 
the seal of the district attached, and shall be counter- 
signed by the County Treasurer. 

Sec. 98. An act entitled "An act concerning school Repealing clause 
bonds," approved January 29, 1872, and all acts amenda- 
tory. thereto; also, an act entitled "An act to amend, re- 
vise and consolidate the acts relating to public schools," 
approved February 11, 1876, and all other general laws 
inconsistent with this a'ct, are hereby repealed. 

Sec. 99. It shall be lawful for the board of directors Bonds refunded 

r. 01 iT-v- • 1-11 1 1 1 • with consent 

or any School District which has a bonded indebtedness ot owner, 
to refund the same, with the consent of the bond owners, 
in bonds bearing a less rate of interest than the bonds 
so refunded, and running for a longer time; Provided^ 
That in case bonds become due, and the owners do not 



62 



SCHOOL LAW OF THE 



New bonds may 
be issued for 
payment of 
bonds due. 



Can not be sold 
for less than 98 
per cent, of par 
value. 



Interest not to 
exceed eight 
per cent. 

Time not to 
exceed ten to 
twenty years. 



consent to a refunding of the same, it shall be lawful for 
the board of directors to issue and sell new bonds for 
the payment of the bonds then due; Provided^ further^ 
That such new bonds thus issued shall not be sold at a 
less price than 98 per cent, of their par value. The 
bonds issued to take up and replace the district bonds 
which are to be refunded, and the bonds issued for the 
payment of bonds due, shall bear interest at such rate 
as said school board may determine, not to exceed eight 
per cent, per annum, and shall be redeemable at the 
pleasure of the district board, in not to exceed ten years, 
and payable in not to exceed twenty years from the date 
thereof, and the date after which said new bonds are 
redeemable shall be plainly written or printed on the 
face thereof. 



Method of pro- 
cedure same aj 
under the laws 
of 1887. 



Levy for the 
redemption 
of bonds. 



Vote of the 
people. 



Sec. 100. All the provisions of the laws of the 
State of Colorado, now existing, relating to the duties 
of district and county officers in the issue and payment 
of the district bonds, and relating to the assessment and 
collection of taxes for the payment of the interest and 
principal of school district bonds, shall be held to apply 
equally and in like manner to all matters pertaining to 
the issue and payment of bonds issued under the pro- 
visions of this act, except that the time when taxes shall 
be levied and collected for the payment of the principal 
of said bonds shall be as hereinafter provided. 

Sec. ioi. At the time provided by law for the levy- 
ing of county taxes in the year next preceding the date 
at which the first installment of said bonds shall mature, 
and every year thereafter until the whole amount of 
said bonds shall be redeemed, the Board of County 
Commissioners, of any county in which bonds shall 
have been issued under the provisions of this act, shall 
levy a tax sufficient to pay not less than ten per centum 
nor more than twenty per centum of the principal of 



STATE OF COLORADO. 63 

said bonds, and the County Treasurer shall collect the 
same as other taxes are collected, and shall pay the 
amount so collected to the District Treasurer as is now 
provided by law. 

Sec. I02. Provided, however, That no bonds shall 
be issued under the provisions of this act until the ques- 
tion of refunding shall first have been submitted to, and 
approved by, the qualified voters of the district, as is 
now, or may be, provided by law, except that the elect- 
ors shall vote "For refunding," or "Against refunding," 
instead of "For the bonds," or "Against the bonds." 



AN ACT 

TO PROVIDE FOR THE STUDY OF THE NATURE OF ALCOHOLIC 
DRINKS AND NARCOTICS, AND THEIR EFFECTS UPON THE HUMAN 
SYSTEM. 

Be it enacted by the General Assembly of the State of Colorado: 

Section i. That the nature of alcoholic drinks and 
narcotics, and special instructions as to their effects upon 
the human system, in connection with the several divis- 
ions of the subject of physiology and hygiene, shall be 
included in the branches of studv taught in the public Taught in the 

^ " -*- pubUc schools. 

schools of the State, and shall be studied and taught as 
thoroughly and in the same manner as other like required 
branches are in said schools, by the use of text books, 
designated by the Board of Directors of the respective 
School Districts, in the hands of pupils where other 
branches are thus studied in said schools, and by all 
pupils in all said schools throughout the State. 

Sec. 2. That it shall be the duty of the proper offi- Duty of ofscen 
cers in control of any school, described in the foregoing 
section, to enforce the provisions of this act, and any 



64 



SCHOOL LAW OF THE 



Failure or 
neglect. 



Removed from 
office. 



such officer, School Director, committee, Superintendent 
or teacher, who shall refuse, fail or neglect to comply 
with the requirements of this act, or shall neglect, refuse 
or fail or [to] make proper provisions for the instruction 
required, and in the manner specified by the first section 
of this act, for all pupils in each and every school under 
his or her jurisdiction, shall be removed from office, and 
the vacancy filled as in other cases. 



AN ACT 



RELATING TO THE REPORTS OF THE OFFICERS OF STATE EDU- 
CATIONAL AND REFORMATORY INSTITUTIONS. 



Be it etiaded by the General Assembly of the State of Colorado. 

Section i. It shall be the duty of the President of 
the State University, the President of the State School 
of Mines, the President of the State Agricultural Col- 
lege, and the Principal of the Mute and Blind Institute, 

Biennial report, to make a bicunial report to the Superintendent of Pub- 
lic Instruction, on or before the first day of December 
of each year preceding' the meeting of the General 

Reports contain. Assembly. Thcsc reports shall contain a history of the 
institutions reported for the two years; shall show the 
number of professors and. teachers employed and the 
salaries of each, the number of students in attendance 
each term, the number in each of the several depart- 
ments, and any other items concerning the educational 
and financial condition of the respective institutions 
which the officers making the reports shall deem to be 
of public interest. 

Sec. 2. It shall be the duty of the Superintendent 
of Public Instruction to publish the reports made in 



Shall be 
published 



STATE OF COLORADO. 65 

pursuance of this act, with his biennial report to the 
Governor; Provided, That he shall not publish more 
than ten printed pages for each institution. 



AN ACT 

TO ESTABLISH ARBOR DAY. 



Be it enacted by the General Assembly of the State of Colorado: 

Section i. The third Friday in April of each year Third Friday in 
shall be set apart and known as "Arbor Day," to be 
observed by the people of this State in the planting- of 
forest trees, for the benefit and adornment of public and 
private grounds, places and ways, and in such other 
efforts and undertakings as shall be in harmony with 
the general character of the day so established; Provided^ Proviso. 
That the actual planting of trees may be done on the 
day designated, or at such other most convenient time 
as may best conform to local climatic conditions, such 
other time to be designated, and due notice thereof 
given, by the several County Superintendents of schools 
for their respective counties. 

Sec. 2. The day, as above designated, shall be asiiaiibea 
holiday in all public schools of the State, and school 
officers and teachers are required to have the schools officers and 

. , ^ ^ 1111 teachers required 

under their respective charge observe the day by plant- to observe the 
ing of trees, or other appropriate exercises. 

Sec. 3. Annually, at the proper season, the Gov- Governor shaii 
ernor shall issue a proclamation, calling the attention of prociamiaien. 
the people to the provisions of this act, and recommend- 
ing and enjoining its due observance. The Superin- 
tendent of Public Instruction, and the respective County 
Superintendents of schools, shall also promote, by all 



66 SCHOOL LAW OF THE 

proper means, the observance of the day; and the said 
Annual reports. County Superintendents of schools, shall make annual 
reports to the State Forest Commissioner of the action 
taken in this behalf in their respective counties. 



AN ACT 

TO SECURE TO CHILDREN THE BENEFIT OF ELEMENTARY 
EDUCATION. 



Be it enacted by the General Assembly of the State of Colorado: 
Unlawful to em- SECTION I. That it sliall bc unlawful for any per- 

ploy any child . , ., , ^ 

under 14 years of son, pcrsous or corporatiou to employ any child under 

age to labor dur- - _ .,,.',. 

ing .-school hours, thc agc of fourtcen years to labor m any business what- 
ever during the school hours of any school day, of the 
school term of the public school, in the school district 

Unless such wherc such child is, unless such child shall have at- 

child has 

attended private teiidcd somc public or pHvatc day school where instruc- 

school. ^ 

tion was given by a teacher qualified to instruct in those 
branches required to be taught in the public school of 
the State of Colorado, or shall have been regularly in- 
structed at home in such branches, by some person qual- 
Ry person quaii- ified to iustruct \x\ tlic sauic, at least twelve weeks in 

fied to instruct. . _■,..,--, 

each year, eight weeks at least of which shall be con- 
secutive, and shall, at the time of such employment. 
Certificate dclivcr to the employer a certificate in writing, signed 
by the teacher, certifying to such attendance or instruc- 
tion; and any person, persons or corporation who shall 
employ any child contrary to the provisions of this sec- 

Guiityof tion shall, upon conviction, be deemed guilty of a mis- 

misdemeanor. „ ., . . . _ 

demeanor, and fined in a sum not less than twenty-five 

Fined $25. (25) dollars nor more than fifty (50) dollars; and all fines 

Paid into the iini • ^ • i» i 

county treasury, so collectcd sliall bc paid luto tlic couuty treasury, and 



STATE OF COLORADO. 67 

placed to the credit of the school district in which the 
oflfense occurs. 

Sec. 2. Every parent or guardian, or other person Every parent or 
in the State of Colorado, having; control of any child or required to send 

. ■' child to school. 

children between the ages of eight (8) and fourteen (14) 
shall be required to send such child or children to a 
public school, or private school taught by a competent 
instructor, for a period of at least twelve (12) weeks in Consecutive 12 

. _ \ weeks in each 

each year, at least eight weeks of which time shall bey^ar. 
consecutive, unless such child or children are excused Uniess excused. 
from such attendance by the board of the school district 
in which such parent, guardian or person having con- 
trol resides, upon its being shown to their satisfaction 
that such child's bodily or mental condition has been ^^"'^' '=°"'^"'°" 
such as to prevent attendance at school, or application 
to study for the period required; Provided, That if such proviso. 
parent or guardian is not able, by reason of poverty, to 
properly clothe any such child, it shall be the duty of 
the school board of the proper district, upon the fact school board to 
being shown to their satisfaction, to furnish the neces- sary clothing." 
sary clothing and pay for the same out of the school Pay for the same 

p.-....., ., ., out of the school 

lund 01 such district, by warrant drawn as in other funds of the 

. district. 

cases, or that such child or children are taught at home 
in such branches as are usually taught in the public 
schools, subject to the same examination as other pupils 
of the district in which the child resides; or that there 
is no school taught within two miles by the nearest 
traveled road. 

Sec. \ Any parent, guardian or other person fail- .Any person faiu 

"^ -^ •'■ ' ^ ■■■ mg to comply 

ing to comply with the provisions of section two of this ^^au be^deemed 

act shall, upon conviction, be deemed guilty of a mis-™'^''^'"^^""''- 

demeanor, and fined in a sum not less than five nor Fine. 

more than twenty-five dollars for each offense; and all 

fines so collected shall be paid into the county treasury and 

placed to the credit of the school district in which the Credit of school 

offense occurs. 



68 



SCHOOL LAW OF THE 



Inquire into all Sec. 4- It shall bc the dutv of auv school director 

cases of neglect. 

of the district to inquire into all cases of neglect of the 
duty prescribed in this act, and ascertain from the per- 
son neglecting, the reason, if any, therefor; and he shall 
forthwith proceed to secure the prosecution of any offense 
occurring under this act; and any director neglecting to 
Within ten days, sccurc such prosccutiou for such offense, within ten days 
after a written notice has been served on him by any 
tax-payer in said district, unless the person so com- 
plained of shall be excused by the district board of edu- 
cation for the reasons hereinbefore stated, shall, upon 
conviction, be deemed guilty of a misdemeanor, and 
fined in a sum not less than ten nor more than fifty dol- 
lars; and such fine, when collected, shall be paid into 
the county treasury and placed to the credit of the school 
district in which the offense occurs. All actions for 
offenses committed under this act shall be prosecuted for 
in the name of The State of Colorado. 

Sec. 5. That upon the trial of any offense as charged 
herein, before any court of competent jurisdiction, if it 
shall be determined that such prosecution was malicious, 
then the costs in such case shall be adjudged against the 
complainant and collected as fines in other cases. 

Sec. 6. Two weeks' attendance, at half time or 
night school, shall be considered within the meaning of 
the article equivalent to an attendance of one week at a 
day school. 



Prosecution of 
any offense. 



Unless the per- 
son is excused. 



Misdemeanor 
Fined. 



Prosecuted. 



Malicious 
prosecution. 



Equivalent. 



STATE OF COLORADO. 69 



AN ACT 

TO provide; for the compilation and printing in pamphlet 

FORM OF THE LAWS RELATING TO SCHOOLS, IN THE ENGLISH 
AND SPANISH LANGUAGES, AND FOR THE DISTRIBUTION OF THE 
SAME. 



Be it enacted by the General Assembly of the State of Colorado: 

Section i. That immediately after the adjournment 
of the Seventh General Assembly, the Superintendent Su^perintendent 

•' ' ^ of public ins truc- 

of Public Instruction shall make a compilation of all ^u sch'oo°?awl* 
laws relating- to schools in this State, and that the same printed, 
shall be printed in pamphlet form by the Public Printer, 
as provided in section two (2) of this act. 

Sec. 2. There shall be printed in the English lan-?CESh '" 
guage five thousand copies of said compilation of laws, ^"^"''^^■ 
and in the Spanish language one thousand copies, which i^^ooo copies in 
shall be distributed among the school officers of this '^"^uage. 
State by the Superintendent of Public Instruction, by 
giving each school officer one copy. 



AN ACT 

TO ESTABLISH, GOVERN AND MAINTAIN A STATE NORMAL SCHOOL. 



Be it enacted by the General Assembly of the State of Colorado: 

Section i. A State Normal School is hereby estab- Establishment 
lished at or near the city of Greeley, in the county of normafs'^chooi. 
Weld and State of Colorado, the purpose of which shall 
be instruction in the science and art of teaching, with 
the aid of a suitable practice department, and in such 
branches of knowledge as shall qualify teachers for their 
profession; Provided^ That a donation shall be made of Proviso. 
a site for said State Normal School, consisting of forty 



70 SCHOOL LAW OF THE 

Donation of 40 acTcs of land, with a buildino; erected thereon, accord- 
acres of ground _ _ "-' , 

for site. ^nor to plaHS and specifications furnished by the State 

Plans and ^ - ,^ ^ . ^ . 

specifications. Board oi Kducation, and to cost not less than twenty-five 
thousand dollars, ten thousand dollars of which shall be 
paid by the State, as hereinafter provided. 

School to be Sec. 2. Said school shall be under the control of a 

under control of , _ . , . , , 

board of six board of six trustees; the said board shall be and is 

trustees. 

hereby declared a body corporate by the name and style 
of "The Trustees of the State Normal School," and as 

ert^^be''^art°^'o^^^^^ ^"^ ^^ ^^^ ^^^^ namc may hold property for the use 
suits, etc. Qjp g^j(j school, be party to all suits and contracts, and do 

all things thereto lawfully appertaining, in like manner 
as municipal corporations of this State. The said trust- 
ees and their successors in ofifice shall have perpetual 
May make succcssiou, shall havc a common seal, and may make by- 
laws and regulations for the well ordering and govern- 
ment of the said corporation and its business not repug- 
nant to the Constitution and laws of the State. 

aTi'nTsix^"" S^^- 3- '^■'^^ Governor shall, upon the approval "of 

trustees. ^|jjg ^^^^ appoiut, by the advice and with the consent of 

the Senate, the six trustees mentioned and provided in 
this act, two of whom shall be appointed for the term of 
two years, two for the term of four years and two for the 

Terms of office, tcrm of six ycars. Their terms of oflfice shall begin 
from their appointment and qualification, and shall con- 
tinue for the period for which they shall be so appointed, 
and until their successors are appointed and qualified. 

Every two years Every two ycars after the first appointment aforesaid, 

two trustees are 1111 • 1 • 1 • 1 

to be appointed, two trustccs shall bc appointed in like manner to succeed 
those whose terms are first thereafter to expire. Every 

Oath of office, trustee so appointed shall take and subscribe the oath 
of oflfice prescribed by the Constitution of this State 
before entering upon the duties of his oflfice, which oath 

Kept on file. shall bc placcd and kept on file in the oflfice of the Sec- 
retary of State. The Superintendent of Public Instruc- 



STATE OF COLORADO 71 

tion shall be, ex-officio^ a member of the board of 
trustees of the said State Normal School. 

Sec. 4. Said Normal School is hereby constituted is constituted an 

1 ri 11- 11 ri'<-» integral part of 

an mteoral part 01 the public school system 01 this State, the puwic school 

, , , . . system. 

and shall stand upon the same basis as to apportionment Apportionment 
of State school funds as union high schools, and shall ° 
be subject as such to the general supervisory powers 
vested by the Constitution in the State Board of 
Education. 

Sec. 5. Subject to the constitutional powers of the Trustees iiave 
State Board of Education, the trustees of the State vision^ control 

, - .. ,--1 and direction 

Normal School shall have the general supervision of the of its funds 

State Normal School, and the control and direction of 

its funds and the appropriations therefor. They shall Have power to 

, , • ,. £ ^L •-• r ' • ■ appoint a faculty 

have power to appoint a laculty, consisting 01 a princi- 
pal and assistant principal, and such other professors as 
may be required therein; they may also appoint such 
assistant teachers as are found necessary. They shall Assistant 
also have power to remove said principal or assistant power to remove 
principal, or any professor, teacher or employe in or assfsTam's and 
about said school, and to appoint or employ another Qj-'""P°y^^ 
others instead; to fix the salaries of each and to pre- Fix salaries and 
scribe their several duties. They shall, with the advice ^udes!''' *'"' 
and consent of the faculty, prescribe the various books Books,. 
to be used in said school, the courses of study and instruc- Inst 
tion, which in no case shall cover a period of less than 
three years, and shall make all needful rules, regulations Rules, reguia- 
and by-laws for the good government and management "°"^^" ^"^^^ 
of the same. 

Sec. 6. Said board of trustees shall also have power, 
and it shall be their duty from time to time, as means 
shall be provided and placed at their disposal, to provide I'rovide suitable 

11 111'iT -1 1 1 • grounds and 

suitable grounds and buildings, either by donation, pur- buildings. 
chase or lease, for the use of said school, and, in their 
discretion, shall also provide all proper and needful appa- 



,, courses 
if study and 
instruction. 



72 



SCHOOL LAW OF THE 



Needful appara- ratus, boolcs, atticles and thiiip^s for teachingf and illus- 

tus, booVs, etc. .' ' ,,. .. 

trating the branches of study authorized in said school. 



Qualifications 
for admission. 



Sec. 7. The said board of trustees shall- prescribe 
the qualifications for admission of students to said 
Normal School. Every applicant for admission shall 
Examination by uudcrgo au cxamiuatiou by the faculty of said school, 

faculty. ..^..,. , , 

Not a person of aud if it shall appear that such applicant is not a person 

fharaaer,'' of good uioral cliaractcr, or fails to pass such examina- 

shaii be rejected tion, such applicant shall be rejected. Each applicant, 

except as hereafter provided, shall, prior to his or her 

admission, also sign and file with the board of trustees 

File a declaration a dcclaratlou to ciigagc ill the business of teaching in 

the public schools of this State. 



Open to all 
persons residents 
of this st.ite. 



Open to other 
persons upon 
payment of 
tuition. 



Fees for admis- 
sion to practice 
department. 



Election of 
officers every 
year. 

President. 



Secretary. 



Secretary shall 
give bond. 



Sec. 8. The State Normal School shall be open, 
subject to its regulations, to all persons resident in this 
State, sixteen years of age and upward, without charge 
for tuition; and to other persons under such regulations 
as the board of trustees may prescribe, upon payment 
of a rate of tuition to be fixed by said board, and with- 
out the aforesaid declaration of intention to teach in the 
public schools of this State; said board of trustees shall 
also fix the fees for admission of pupils to the practice 
department of said Normal School. 

Sec. 9. The board of trustees shall elect from among 
their number, at the first and every succeeding annual 
meeting of said board, a president, who shall preside at 
all meetings and perforin such duties as are incumbent 
upon such office. The board shall also elect a secretary, 
who shall not be a member of the board, and who shall 
hold office for the term of one year, and until his suc- 
cessor shall be elected and qualified. The said secretary 
shall give bond, in a sum to be fixed by the Superinten- 
dent of Public Instruction, for the faithful handling and 
true accounting and delivery of all moneys and property 
of said school coming to his hands or control, which 



STATE OF COLORADO. 73 

bond shall be filed with the Secretary of State, after Bond filed. 
approval of the sureties thereon by the said board of 
trustees. No secretary elected as aforesaid shall receive secretary can 

1 . ■ ,1 , r not receive 

into his possession or control any money or property or money or prop- 
said Normal School until after he shall have executed untTibon'd°is 
his bond and the same shall have been approved and 
filed as aforesaid. The State Treasurer shall be, ex- Exofficio 

treasurer. 

officio^ treasurer of the State Normal School. 

Sec. io. The State Normal School is authorized to Grant diplomas 
grant diplomas to such students as shall have completed °^" ^"^' 
the full course of instruction in said Normal School, 
shall have been recommended by the faculty and shall 
have passed a final examination upon the branches em- Passed final 

, .... -11 r , -i 1 • examination. 

braced m the prescribed course oi study: such examina- 
tion to be conducted by the examining board, consisting Examination 

. -,,. . conducted by 

of the State Superintendent of Public Instruction, examining board 
a County Superintendent of schools within the State, 
appointed for the purpose by the Governor, and the prin- 
cipal of said school. Such diploma, when signed by the 
members of said examining board and the president and 
secretary of the board of trustees, shall be evidence that 
the receiver thereof is a graduate of the State Normal Graduate of 
School, and entitled to all the honors and privileges of sch'oor"^™^ 
such graduates. 

Sec. II. The said diploma shall license the receiver pipiomashaii 

liccnsG receiver 

thereof to teach in any of the public schools of this State, to teach. 
when a certified copy thereof shall have been filed in the 
ofiice of the County Superintendent of Schools in the 
county wherein such graduate is teaching or proposes to 
teach. Such license may be annulled by the State j^^^ ^^ ^^^^Hgj 
Superintendent of Public Instruction, who shall give 
immediate notice thereof to the several County Superin- Give notice. 
tendents of the State, and such license may be suspended May besus- 
in any county by the Superintendent of Schools for such county.'" ^"^ 
county, pending the action of the Superintendent of 
Public Instruction. 

10 



74 SCHOOL LAW OF THE 

No fee shall be S^C. 12. No fcc sliall be charo^cd or received for any 

charged. <=> -' 

diploma or certificate authorized by this act. 



Trustees to Sec. i^ Thc trustces of Said Normal School shall 

receive I5 _ "-^ 

per day. bc entitled to receive five dollars per day and their nec- 

essary traveling expenses, when actually employed in 
the performance of their duties as such trustees. 



Trustees have 
power to receive, 



Sec. 14. The board of trustees of the said Normal 
hoid^money School shall havc power to receive, demand and hold for 
or property. ^^^ ^^^^^ ^^^ purposcs of Said school such money, lands 
or other property as may be donated or devised for or 
Apply the same. thej-ej-Q^ and to apply the same, within the powers con- 
ferred by law, in such manner as shall best subserve the 
interests and objects of said Normal School. 



Funds and 
revenues for 



Sec. 15. The funds and revenues for the establish- 
and mamTen" nee n^^i^t aud maintenance of said Normal School, for the 
be ^appropriated, payment of its officcrs, teachers and employes, and for 
all purposes incident thereto or necessary for the proper 
founding, continuance and successful conduct thereof, 
shall be appropriated and apportioned in such manner as 
the General Assembly shall by law provide. 

Trustees shall Sec. i6. Thc trustccs of the State Normal School 

file a report by 

August I each shall makc and file with the State Board of Education, 

year. ' 

on or before the first day of August in each year, a re- 
port of the affairs and conduct of said Normal School 
Annual report durlug tlic ycar last preceding such report. Said annual 

made upon o ./ 01 

blanks prepared rcDort sliall bc madc upon blanks prepared by the Sup- 
by superintend- ^ ' x x j 1. 

ent of public erintendent of Public Instruction, and shall include the 

instruction. 

following, viz: 
Number of J^z'rs^ — Thc uumber of studcuts enrolled during the 

students, age, _ ^ '^ 

sex, etc. preceding year, their sex, age, residence and place of 

birth. 

Attendance. Secoiid — Thc atteudaucc each day; the average at- 

tendance for each week and term, and during the year; 
the number of days the school was taught in the year. 



STATE OF COLOllADO. 75 

Third — The full curriculum of instructiou in said Curriculum of 

. ,, . , , , /- 1 instruction. 

school; the classification and departments thereof; the 
branches taught; time devoted to each; text books and 
apparatus in use; number of books in the library; re- 
quirements for admissions and graduation, with dates 
and requirements for examinations. 

Fotirth — The number of students in each department Number of 

students in each 

and class; number of diplomas granted, and to whom; ^e^p^"™^"' and 
number, names and residence of graduates; number of 
suspensions and expulsions, and cause of same. 

Fifth — The names and number of teachers in each ^ames and numt- 

•' _ ber of teachers. 

class and department; length of time each has been 
employed, and salary paid to each. 

Sixth — Names, individual employment and number Names of 

■*- _ employes and 

of all other employes in and about the school, with rate ^^^s^s paid each, 
and amount of wages paid to each. 

Seventh — A full financial statement, classified and Financial state, 

' ment classified 

itemized, of the business department of the school and ^"d itemized, 
corporation, covering receipts and expenditures from 
and by all sources, and in such form as to show the 
average cost of the school per month for each pupil, 
and in gross for the year; cash on hand or deficit at the 
beginning and end of year. 

Eighth — An estimate of necessary expenditures, ordi- Estimate of ex- 

^ -J '■ • penditures for 

nary and special, for the next ensuing year. next ensuing yeair 

Ninth — Such other particulars as the said board of 
education may require, necessary to a fair and complete 
showing and fair understanding of all the affairs of said 
Normal School. 

Said report shall be signed by the president and sec- Report shaii be 
retary of the said board of trustees, and verified by thede^nt!'^ ypresi- 
oath of one or more of their number. Verified by oath. 

Sec. 17. There is hereby appropriated, out of any ^20,000 appro- 

. ,1 . . , - , . , priated for the 

moneys not otherwise appropriated, belonging to the completion and 



76 SCHOOL LAW OF THE 

furnishing of greneral fund, the sum of twenty thousand (20,000) dol- 

school Duildings. o ' -' \ i / 

lars, ten thousand (10,000) dollars for the completion of 
the school building and ten thousand (10,000) dollars for 
the purpose of furnishing the said Normal School build- 
ing hereinbefore provided for, and for the purpose of 
Proviso. carrying on the said school during the year 1890; Pro- 

vided^ That said appropriation shall not be available 
until the site mentioned in section one of this act shall 
have been donated, as therein provided, and shall be 
drawn only upon the order of the board of trustees of 
the State Normal School, approved by the State Board 
of Education. 



BLANK FORMS 

FOR THE USE OF 

School Officers and Teachers, 



NO. I. — FORM OF OATH OF SCHOOL OFFICERS. 

(See Sections 13, 22 and 47.) 



State of Colorado, 
County of . . . . 



} 



I, , do solemnly swear (or affirm) that I 

will faithfully perform the duties of of 

School District No. . . . , in the County of . . . . , 
to the best of my skill and ability; and that I will 
carefully keep and preserve all records, books and other 
property of the said district that may come into my 
hands, and deliver the same to my lawful successor in 
office; and, further, that I will support the Constitution 
of the United States, and the Constitution of this State, 
and the Laws of this State, made in pursuance thereof; 
.so help me God. 

C ... D .... , [seal] 

Subscribed and sworn to before me this 

day of , 188 . 

E. . . F. . . . 

Remarks. — The foregoing oath should be taken 
before a County Superintendent, Notary Public, Justice 
of the Peace, or some officer duly authorized by law to 
administer oaths; and the County Superintendent's 
oath should be filed with the County Clerk within thirty 
days after his election, and the oath of District Officers 
should be filed with the County Superintendents within 
thirty days after their election. 



78 BLANK FORMS FOR THE USE OF 

NO. 2. — FORM OF COUNTY SUPERINTENDENT'S BOND. 
(See Section 13.) 

Knoiv all Men by these Presents^ That we, A . . 
B . . . , C . . . D . . . , and E . . . F . . . , of 

the County of , and State of Colorado, are 

held and firmly bound unto The People of the State of 

Colorado, in the full and just sum of dollars, 

lawful money of the United States, to which payment, 
well and truly to be made, we bind ourselves jointly 
and severally, our joint and several heirs, executors and 
administrators, firmly by these presents. 

/// Witness Whereof^ We have hereunto set our hands 
and seals this .... day of . . . . , A. D. , i88 . . 

The condition of the foregoing obligation is snch^ 
That, Whereas, the above bounden A ... B ... . 

was, on the . . day of , A. D. , i88 . . , duly 

elected (or appointed, if that be the case) County Super- 
intendent of Schools of the county aforesaid, for the 
term of ; 

Now^ Therefore^ If the said A . . . B . . . shall 
faithfully perform all the duties of said office according 
to the laws which now are, or may hereafter be in force, 
and shall render a just and true account of all money or 
other property which may come into his hands or under 
his control as Superintendent of the Schools of said 
county, and shall deliver over to his successor in office 
all moneys, books, papers and property in his hands as 
such County Superintendent, then this obligation shall 
be void; otherwise it shall remain in full force. 



A . . . B . 

C . . . D . 

E. . . F. 

Signed, sealed and delivered in the presence of 

L . . . M 

O . . . P 



seal] 
seal] 
seal] 



Remarks. — The penal sum named in the bond is to 
be fixed by the Board of County Commissioners, but in 
no case shall the sum be less than $2,000. 



SCHOOL OFFICERS AND TEACHERS. 



79 



NO. 3. — FORM OF A PETITION OF PARENTS AND GUAR- 
DIANS WHO DESIRE TO FORM A NEW DISTRICT FROM 
PARTS OF ONE OR MORE OLD ONES. 



(See Section 27.) 



To 



County Superintendent of Schools, 



, County: 

We, the undersigned, residents of district (or districts) 
No. . . , respectfully represent that we desire to form 
a new district, with boundaries as follows, viz: [Here 
describe the proposed bounds, following government 
lines as far as practicable.] We further declare that, 
collectively, we are the parents or guardians of at least 
ten children of school age, and we hereby certify that 
the list of names of persons of school age which is at- 
tached to and made a part of this petition, is a correct 
list of all such persons residing in the proposed district. 



NAME. 


NAME. 







80 BLANK FORMS FOR THE USE OF 

NAMES OF PERSONS OF SCHOOL AGE. 



Remarks. — Give post-office address of some or all 
signers. The list of children should be carefully filled 
up by some person interested in the change before the 
paper is circulated for signatures. 



NO. 4. — FORM OF ORDER DIRECTING A PETITIONER 
TO GIVE NOTICE OF THE FORMATION OF A NEW 
DISTRICT. 

(See Section 27.) 

Office of "j 

County Superintendent of Schools, > 

County, Colorado. j 

To C D : 

You are hereby notified that I have received a petition 
signed by yourself and others, informing me that you 
desire to form a new School District of the territory 
described as follows, to- wit: \^Descriptio7i as above.'\ In 
order that the wishes of the residents of said proposed 



SCHOOL OFFICEKS AND TEACHERS. 81 

district may be ascertained, you will please notify, by 
personal service as far as convenient, each elector resid- 
ing -therein, and also post notices in three public places 
(one of which shall be the place of meeting) that_ such 
a petition has been made, and that a meeting will be 
held, naming the time and place of such meeting, to 
determine whether such district shall be formed. You 
will, also, please notify me by mail of the time and 
place of such meeting. 

Respectfully yours, 



County Superintendent. 

Remarks. — In the formation of a new district, every 
step should be strictly in accordance with the law. 

The notices posted should contain a clear description 
of the proposed district. 



NO. 5. — FORM OF NOTICE FOR A MEETING TO ORGAN- 
IZE A NEW DISTRICT. 

SCHOOIv DISTRICT MEETING. 

To all whom it may concern: 

Whereas, It is proposed to organize a new school 

district of that part of county, described 

as follows, to wit: \_Description.^ Notice is hereby 
given, as per direction of the County Superintendent of 
Public Schools of said county, that a meeting of the 
electors residing within the boundaries aforesaid will be 

held at on the . . day of . . . . , A. D. 

188 . . , at . . o'clock . . M. , when a vote will be taken 
by ballot, on the question whether or not the proposed 
district shall be organized. If the vote shall be in the 
affirmative, a Board of Directors will then be elected. 



82 BLANK FORMS FOR THE USE OF 

By order of , County Super- 
intendent of Schools. 

C . . . D 

Dated , i88 . . 

Remarks. — After the organization, a copy of the 
notice and of the proceedings of the meeting should be 
sent to the County Superintendent. 

The ballot box should be kept open long enough to 
give every elector an opportunity to vote — never less 
than three hours. 

If the proceedings were in accordance with the law, 
the County Superintendent should number and record 
the district, and notify the Secretary of his action. 



NO. 6. — FORM OF BOND TO BE GIVEN BY THE SECRETARY 
OR TREASURER OF EACH SCHOOL DISTRICT. 

(See section 47.) 

State of Colorado, 



h 



ss 
County of 

Know all men by these presents^ That we, A . . . . 
B . . . , principal, and C . . . D . . . and E . . . . 
F . . . . , sureties, are held and firmly bound unto 

School District No. . . , in the county of , 

State of Colorado, in the full sum of dollars, 

lawful money of the United States, to which payment, 
well and truly to be made, we bind ourselves jointly 
and severally, our joint and several heirs, executors and 
administrators, firmly by these presents. 

In Witness Whereof^ We have hereunto set our 
hands and seals this . . . day of . . . . , A. D. i88 . . 

TJie condition of the foregoing obligations is such, 
That, Whereas, the above bounden A . . . . B . . . . 
was, on the day of , A. D. i88 . . , 



SCHOOL OFFICERS AND TEACHEES. 83 

duly elected (or appointed) Secretary (or Treasurer) of 

School District No . . , in the county of , 

and State of Colorado, for the term of 

Nozu, therefore^ If the said A . . . B . . . shall 
faithfully discharge all the duties of said office, accord- 
in®; to the laws which now are, or which may hereafter 
be in force, and shall faithfully apply all moneys which 
may come into his hands by virtue of said office, and 
shall deliver over to his successor in office all moneys, 
books, papers and property in his hands as said officer, 
within ten days after the same shall have been demanded 
by such successor, then this obligation shall be void; 
otherwise it shall remain in full force. 

'^SEAL 
SEAL 
SEAL 



A . . 


. B 


C. . 


. D 


E. . 


. F 


Signed, sealed and delivered in presence of 




L . . . M 




X . . . Y 





Remarks. — The penal sum named in the above bond 
should be at least twice the amount likely to be in the 
hands of the officer at any one time during his term of 
office. 

The bond must be filed with the County Superin- 
tendent. 



NO. 7. — FORM. OF REQUEST TO BE MADE BY TEN 
I.EGAL VOTERS OF A DISTRICT, TO THE BOARD OF 
DIRECTORS, FOR THE CALLING OF A SPECIAL 

MEETING. 

(See Section 62.) 

To the Board of Directors of School District No . . , in 
County^ Colorado: 

The undersigned, legal voters of School District No. 
. . , in county, Colorado, request you to 



84 BLANK FORMS FOR THE USE OF 

call a special meeting of said District for the purpose of 



Dated this 



dav of 



A 
C 
E 
G 
L 
O 

Q 

S 

u 
w 



. . . . , A. D. i88 
. . . B 




. . . D 

. . . F 

. . . H . . . , , 
. . . M 




. . . P 




. . . R 

. . . T 

. . . V 

. . . X 





NO. 8. — FORM OF NOTICE OF .SPECIAL MEETING. 

(See Sections 62 and 63.) 

Notice. — A special meeting of the legal voters of 

School District No . . , in the County of , 

called on the written request of ten legal voters (or 
called by the District Board, as the case may be), will 
be held at (the District School House or other place) on 

the . . day of , i88 . , at . . o'clock (p. m.), 

for the purpose of (here specify every item of business 
that is to be brought before the meeting). 



A 



B 



Secretary. 



Posted 



Remarks. — This notice must be given at least twenty 
days previous to the meeting, and a copy should be 
posted up in three different public places within the 
District, and a copy furnished to the teachers of each, 
school in the District, to be read once in the presence 
of the pupils. 

Business not specified in this notice can never be law- 
fully transacted at such special meeting. 



SCHOOL OFFICERS AND TEACHERS. 85 

:nO. 9. — FORM OF NOTICE OF ANNUAL MEETING. 
( See Section 44.) 

Notice is hereby giveii^ That the annual meeting of 
the legal voters of School District No. . . . , in the 
county of . . . . . , will be held (at the school-house 

or other place) on Monday, the day of May, 

188 .. , for the purpose of electing (one or more) Direct- 
ors, as provided by law. 

The ballot-box will be opened at the hour of . . . 

.. . M. , and close at the hour of m. , and at 

m. the meeting will be organized for the 

transaction of any other business pertaining to school 

interests that may be brought before it. 

Secretary School DistT-ict No. . . , 

County of 

Posted April . . . . , i88 . . 

Remarks. — The Secretary of the district should 
give at least six days' previous notice of the regular 
meetings of the district (see section 44), and should post 
the notices and furnish a copy to the teachers in the 
same manner as for special meetings. 



NO. 10. — form for recording proceedings of a 

MEETING HEIvD For THE PURPOSE OF ORGANIZING 
A NEW SCHOOL DISTRICT. 

(See Sections 27 and 28.) 

, , 188 . . 

On the .... day of , 188 . , a petition, 

of which the following is a true copy, was made to 
X . . . . Y . . . . , County Superintendent of Public 

Schools of county, to wit: \_Here copy the 

petition.'\ Whereupon the said County Superintendent 
issued an order, of which the following is a copy, to wit: 
\_Here insert a copy of the order. ^ In obedience to 



86 BLANK FORMS FOR THE USE OF 

which order the following notice was posted, as required 
by section twenty-seven of the School Law, to wit: \^Here 
insert a copy of the notice.^ 

In pursuance of the above notice, the electors of the 

proposed new School District assembled at 

at . . o'clock . . M. The meeting was called to order 
by A . . . B . . . , and, on motion, C . . . D . . . 
was elected Chairman, and E . . . F . . . Secretary. 
On motion, G . . . H . . . was elected to act with 
the Chairman and Secretary as judges of the election. 
On motion of K . . L . . , the electors began to vote 
bv ballot upon the question of forming a new School Dis- 
trict. The ballot box remained open for the reception 
of votes from . . o'clock, . . M, until . . o'clock 
. . M. Upon counting the ballots, it was found that 
. . ballots were cast, of which . . . were in favor of 
the organization and . . against. 

On motion of J . . . . K . . . . , the meeting pro- 
ceeded to elect, by ballot, a Board of Directors. The 
following are the names of the persons voting: \Here 
recot'd the names of the persons voting.^ The ballot 
resulted in the election of C . . . D . . . President, 
E . . . F . . . Secretary, and G . . . H . . . 
Treasurer, etc., etc. 

On motion of C D the meeting 

adjourned si?ie die. 

C . . . D . . . , 



Chairman, 



Attest: E . . . F 



Secretary 



Remarks. — A copy of the proceedings should be 
sent to the County Superintendent, together with the 
certificate of some elector, that the notice of the meeting 
was posted in three public places, as required by law. 
The person who posted the notice, unless absent, should 
sign the certificate of posting. 



SCHOOL OFFICERS AND TEACHERS. 87 

If the District be formed from unorganized territory, 
the Secretary must send with this report a certified list 
of the names of persons of school age residing in the 
District. 

A permanent record of the proceedings should be 
made in the Secretary's book. 



NO. II. — FORM FOR RECORDING PROCEEDINGS OF A 
REGULAR OR SPECIAL MEETING OF THE DISTRICT. 

, l88 . . 

The regular (or special, as the case may be, ) meeting 
of School District No. . . , in . . . county, Colorado, 
convened at . . . . , at . . o'clock (p. m,), pursuant to 
previous notice given by the District Secretary. 

The meeting vs^as called to order by the President. 

The Secretary being absent, on motion of Mr. A . . , 
C . . . D . . . was elected Secretary pro tern. 

Mr. S . . . . moved that a tax of two mills on the 
dollar be voted for the purpose of building a school- 
house for the District. 

Mr. F . . . moved to amend by striking out "two" 
and inserting "five," which was agreed to, and the 
motion as amended was decided in the affirmative. 

Mr. D . . . . moved that a tax of one mill on the 
dollar be levied for the purpose of defraying the con- 
tingent expenses of the District. 

Motion carried. 

On motion of Mr. F . . . . , the meeting adjourned 
sine die. 

ly . . . . M , 

President. 
Attest: C . . . D , 

Secretary. , 



88 BLANK FORMS FOR THE USE OF 

Remarks. — Forms lo and ii are given with a view 
of assisting the inexperienced. Persons familiar with 
such duties may vary the form as they deem best, the 
essential point being that the proceedings are accurately 
recorded. 

Much depends on the record of the proceedings of 
the District meeting, and hence it should be correctly 
made and carefully preserved. 

Under the law the voting of a tax for any purpose 
must be, in each year, "On or before the day designated 
by law for the County Commissioners to levy the 
requisite taxes for the then ensuing year," and School 
Boards certify the same to the County Commissioners. 



no. 12. — form of county superintendent's notice 
of apportionment to the district secretary. 

Office of ^ 

County Superintendent of Schools, V 

County, Colorado. j 

To A B , 

Secretary of School District No . . , 

in County: 

You are hereby notified that I have this day appor- 
tioned to your District the sum of dollars, 

of the General School Fund, which amount has been 
placed to the credit of your District on the books of the 
County Treasurer. 

County Superintendent. 

Remarks. — This notice should be sent immediately 
after each apportionment. 



SCHOOL OFFICERS AND TEACHERS. 89 

'CONTRACT BETWEEN DIRECTORS AND 
TEACHER. 

This contract, made the .... day of 

i8 . . , between and the Board of Directors 

of School District No . . , in the county of , 

State of Colorado; 

Witnesseth^ That the said , who holds 

a legal certificate to teach in the public schools of said 
county, in full force and effect, hereby agrees to teach 
the public school in said district for the term of ... . 

months, commencing on the .... day of , 

i8 . . , and well and faithfully to perform the duties of 
teacher in said school, according to law and the rules 
legally established for the government thereof, including 
the exercise of due diligence in the preservation of school 
buildings, grounds, furniture, apparatus, books and other 
school property. 

In consideration of said services, properly rendered, 
the said directors, in behalf of said school district, agree 

to pay the said monthly the sum of , 

dollars per school month. 

Done at a legally convened meeting this .... day 

of i8 . . 

[seal] 

Teacher. 

"SEAI.' 



SEAL 
SEAL 



Directors of School District No . . . 

County^ Colorado. 



12 



90 BI,ANK FORMS FOR THE USE OF 



RECORDS AND REPORTS. 

The Superintendent of Public Instruction will fur- 
nish to County Superintendents such blank books and 
registers as may be needed by school officers and teach- 
ers in the discharge of their duties. The report of each 
district should be accurately made out and promptly 
filed with the County Superintendent; otherwise the 
Secretary is to forfeit the sum of one hundred dollars^ 
and to make good all losses resulting to the district 
from such failure. By his neglect to file it as required, 
the district may lose its share of the county school 
money, apportioned by the County Superintendent. 
The Secretary should preserve a copy of all the reports 
made to the County Superintendent. 

To ascertain the average compensation of male 
teachers per month, divide the aggregate amount paid 
them (male teachers) for teaching during the year, as 
shown by the books of the District Treasurer, by the 
whole number of male teachers, and the result by the 
number of months the school has been taught, which 
can be determined from the teacher's register. For 
instance: Three male teachers have been paid the 
aggregate sum of eighteen hundred dollars for teaching 
eight months, being an average of six hundred dollars, 
which divide by the number of months, and we have 
seventy-five dollars as the average per month. Make a 
similar computation for female teachers; or, if the blank 
for names and monthly salary of teachers in the Annual 
District Report be properly filled, the average monthly 
salary can be found more readily by the method there 
given. To ascertain the average cost of tuition for each 
pupil per month, add to the current expenses of the 
school the interest, at six per cent, per annum, on the 
value of the school property owned by the district; 



SCHOOL OFFICERS Al^D TEACHERS. 91 

divide the whole amount by the average daily attend- 
ance, and the result by the number of months the school 
has been taught. 

To ascertain the average attendance of male pupils, 
divide the sum of the days they have been present by 
the number of days the school has been taught. For 
instance: The teacher's registers show to have been 
present one hundred and twenty male pupils, and the 
school has been taught ninety days, they have been pres- 
ent from seventy to ninety days each, and the sum 
total of the days they have been present is ten thousand 
two hundred and sixty (instead of ten thousand eight 
hundred, as it would have been if they had all atteiided 
regularly\ which divided by ninety, the number of 
da^^s the school has been taught, and the result is one 
hundred and fourteen as the average attendance^ one 
hundred and twenty being the number enrolled. Make 
a similar computation for female pupils. 

The Superintendent of Public Instruction will also 
furnish the County Superintendents with blanks for 
their annual reports. 

Unless these reports are accurate and complete, they 
afford but little satisfaction. If the teacher's daily reg- 
ister is properly kept, and the monthly statement or 
term report is regularly transmitted to the District Sec- 
retary, there can be no difficulty in making a correct 
annual report. 



INDEX. 



.A- 

ACCOUNT- 
SEC. PACE 

Of district expenses to be kept by Secretary 56 40 

Of receipts and expenses, kept by Treasurer 5*^ , 4^ 

With each district, kept by County Treasurer 68 48 

ADJOURNMENT— 

Of school boards 50 36 

Of district meetings 63 45 

AFiaDAVlT— 

Of Coinily Superintendent to bill 25 22 

Of Secretary to census list 54 39 

In case of appeals 83, 84, 85 55 

AGE— 

Of children entitled to attend public school 77, So 51,52 

AIvTEtiATlON- 

Of districts 29 25 

ANNUM, DISTRICT MEETING — 

When to be held 44 32 

Wliat business may be transacted 44, f>3 32, 45 

Notice of by Secretarj', or two voters 44 32 

ANNUAL REPORT— 

Of County Superintendent to State Superintendent .... 18 ig 

Of County Superintendent to County Commissioners ... 20 20 

Of District Secretary 5i, 56 37, 40 

Of teacher 61. 43 

APrEAIyS— 

To County Superintendents 82 54 

Must be taken within thirty days 82 ' 55 

Based upon aflidavit of party aggrieved 83 55 

Adverse parties notified in writing- 86 55, 

County Superintendent may hear testimony and administer 

oaths 87 55. 

To State Board 88 55 

-APPOINTMENTS— 

Of County Superintendents in case of vacancy 14 i6' 

Of District Director, by County Superintendent 4,7 34, 



94 



INDEX. 



Of District Director, by the Board in districts of first class. 
Of time and place of teachers' institute 

APPORTIONMENTS OF SCHOOL FUNDS— 

By Superintendent of Public Instruction 

By County Superintendent 19, 73 

Arbor Day .• . . , 

ASSESSOR OF COUNTY— 



SEC. 


PAGE 


48 


35 


81 


53 



Schedules and books . . , 
Shall list property, when 

ASSISTANT LIBRARIAN— 

Appointment and duties 

AVERAGES— 

Method of obtaining . . . 



II 


15 


73 


20, 50 




65 


67 


47 


67 


47 



79. 80 



BOARD OF EDUCATION— 

Who constitute 

Meetings and powers of 
Diplomas, issued by . . 
Diplomas, revoked by. . 



B 



BOARD OF directors- 
How elected in new districts 

Their number in districts of different classes 

Organization in districts of first class 

Powers of districts of first and second classes 

When and how elected, annually 

Act as judges of election 

Qualify within twenty days 

Vacancy, how filled 

Vacancy, how filled in districts of first class . 

Meetings of 

Powers and duties of 

May establish High School 

Issue bonds 

Select depository for bonds 



3 


II 


5 


12 


28 


24 


41 


30 


41 


31 


4> 


31 


44 


32 


45 


33 


47 


34 


47 


34 


48 


35 


50 


36 


51 


36 


52 


38 


90 


56 


94 


60 



BONDS OF OFFICERS-- 

Of Superintendent of Public Instruction 

Of County Superintendent 

Of District Treasurer 



BONDS OF SCHOOL DISTRICTS— 

Taxpayers only can vote on question 

Limit of bonded indebtedness 

Redeemable at pleasure of district, and payable in fifteen 

years 

Registered by Couutj- Recorder 



7 


12 


13 


16 


47 


34 


90 


56 


90 


57 


90 


57 


91 


58 



INDEX. 95 



SEC. PAGE 

Signed, sealed, etc 97 6i 

Taxes for, levied by Couuty Commissioners 92 5S 

How and where paid 92 58 

Issued under Territorial law 92, 93 ,S8, 59 

Sinking fund invested in United States bonds 93 59 

United States bonds, how held and sold 94 60 

Refunding 99 61 



BOOKS- 



County Superintendents 20 20 

Blank books, furnished by county 25 22 • 

Text books, when changed, etc 51 36 

Immoral books 51 37 

Record books, kept by Secretary , . ... 54 ^ 39 

Registry books, kept by teacher 61 43 



BOUNDARY— 



County Superintendent to ascertain, etc 24 21 

Specified in petition 27 23 

No change releases property from taxation, etc 95 60 



o 

■CERTIFICATES— 

Given by County Superintendent 15 17 

Grades, etc . . 16 18 

No person can teach without . 1 60 43 

CHAIvIvENGE— 

Of voters 45. 9° 33, 57 

•CENSUS— 

When and by whom taken 54 39 

Corrected by County Superintendent 55 40 

Defined So 52 

CITIES— 

Shall not be divided 28 25 

CI.ERK OF COUNTY— 

File bond of County Superintendent 13 16 

Shall not omit levy 65 46 

Register bonds 91 58 

Record cancellation of same 92 59 

Compulsory Education 66 



COPY- 



Certified by Superintendent of Public Instruction .... 8 13 

Retained by County Superintendent iS 19 

Of reports kept by Secretary .... 54 39 



96 INDEX. 

SEC. PAGE 

CONSTITUTION— 

Article IX. on education . 5. 

COMPENSATION— 

Of County Superintendent 25 22 

Of teachers and officers, fixed by the Board 51 36 

Of County Treasurer, for collecting bond tax 96 60 • 

COUNTY COMMISSIONERS— 

Appoint County Superintendent, when 14 16 

Paj' County Superintendent, when 25 22 

Levy county school tax 64 46 

Levy special school tax 67, 70 47, 49 

Require report of fines, etc 69 48 

Levy all bond taxes 92 58 



ID 



DEBT- 



Amount voted by district, limit, etc 90 57 

DECISION— 

Of District Board, appealed from 82 54 

Of County Superintendent, appealed from 88 55 

Of State Board, final 88 56 

DELINQUENT TAXES— 

Amount reported, etc 66 46 

DIPLOMAS— 

To whom and by who:u issued 3 11 

Revoked 5 12 

DISTRICTS— 

New, how formed 27, 

Limits in forming 

Contiguous, united 

When entitled to money 

Joint 

Entitled to just share of credits ... 

Classified 

Body corporate . . 

Declared legal 

Legality should uot be questioned 

Separate accounts kept by County Treasurer 68 48 

DIRECTORS— 

Of new districts, first elected . 28 24 

Number, how determined 41 ,30 



28 


23. 24 


28 


24 


29 


25 


30 


26 


31 


27 


32 


27 


41 


31 


40 


30 


42 


32 


43 


32 



INDEX. 



97 



Powers and duties in districts of first and second class 

Annual election 

Vacancies, how filled 

Vacancies, how filled in first class 

Meetings 

Powers and duties 

Issue bonds 

Select depository 

DIVISION— 

Of school districts 

Of cities and towns 

Of school moneys 



SEC. 


PAGE 


41 


31 


44 


32 


47 


34 


48 


35 


50 


36 


51 


36 


90 


57 


94 


60 



28 


24 


28 


24 


32 


27 



EDUCATION— 

Constitutional provisions in relation to 

EIvECTORS— 

Qualifications of 

Their powers, when assembled . . . . 
Qualifications for voting bonds . . . . 

ELECTION— 

In new district 

Annual 

EXAMINATION OF TEACHERS— 

By State Board 

By County Superintendent 

No certificate without 

EXPEL— 

Pupils from school 



45 


33 


63 


45 


90 


56 



28 

44 



IF 



FINES, FORFEITURES, ETC.— 

Of County Superintendent for neglect, etc 

Of District Secretary 

01 District Treasurer 

Of County officers, for failure to levy tax . 

For failure to pay over money 66, 

Penal, etc 

13 



56 


42 


58 


42 


65 


46 


69 


46, 48 


69 


48 



98 INDEX. 

KORM.->— 

Oath of schoorofficers 

County Superintendem's bond 

Petition to form a new district 

Notice of formation of a new district 

Notice of meeting for organization 

Bond of District Treasurer or Secretary 

Request for special meeting 

Notice of special meeting 

Notice of annual meeting 

Record of meeting for organization 

Record of regular or special meetings 

Notification by County Superintendent 

Teacher's contract 

FUNDS— i 

State, how apportioned 

County, when apportioned 

County, levied annually 

Special 67, 

Penal 

How used 

Apportionment of county 72, 

What districts arc entitled to 

For redemption of bouds 



:c. 


PAGE 


1 


67 


2 


6S 


3 


69 


4 


70 


5 


71 


6 


72 


7 


73 


S 


74 


9 


75 


10 


75 


II 


77 


12 


7S 




Sg 



19 


20 


64 


46 


70 


47- 49 


69 


4S 


71 


49 


73 


50 


75 


51 


93 


59 



C3- 



GOVERNMENT OF SCHOOLS— 

Rules and regulations for, made by district board 52 3S 



GENERAL I'ROVISIONS— 

A public school defined, etc 

Schools must be taught in the English language 
School year, month, week and day, defined . . . 



76 


51 


7S 


55 


79 


52 



h: 



HIGH SCHOOLS- 



I'niou, how established 

Vacancies in committee 

Meetings of committee 

Powers and duties of committee .... 

How supported 

To whom free 

Districts represented on the committee. 
Established by district board, when . . 



33 


2S 


34 


29 


?5 


29 


36 


29 


37 


29 


38 


30 


39 


30 



INDEX. 99 

I 



INTEREST- 



On bonds, not to exceed 8 per cent .... 

May be paid in New York 

County Commissioners must levy tax for 
On United States bonds 



INSTITUTES— NORMAL- 



SEC. 


PAGE 


90 


57 


00 


58 


92 


58 


94 


60 



District boundaries 81 52 

How organized and conducted 81 53 

vj 

JOINT districts- 
How formed 31 27 

JUDGMENTS— 

Not rendered for money . 89 56 



LAWS— 

Compiling of . . 69 

LIBRARIES— 

School Board may levy tax for 67 48 

MEETINGS— 

Of State Board 2 11 

Of districts for organization 

Of High School Committee 

Annual 

Of School Boards 

Special 

MISDEMEANOR— 

For refusing to perform duty 

nsr 

NOTICE— 

Thirty days before revoking a diploma 

Of examination of teachers 

Of meeting for organization 

Of annual meeting _ 

Two voters may give 



28 


24 


35 


29 


44 


32 


50 


36 


62 


44 



5 


12 


15 


17 


27 


23 


44 


32 


44 


32 



100 INDEX. 



Of special meeting . . 
Of teachers' institutes 
Before voting bonds . . 
Of payment of bonds . 



o 



OATH— 



Of Superintendent of Public Instruction 

Of County Superintendent 

Of challenged voters 

Of directors 



IP 



PENALTY— 



Of Superintendent of Public Instruction 

Of County Superintendent 

Neglect of dnty 

District Secretary 

District Treasurer 

County Clerk, for failure to levy tax . . . 
General provisions concerning 



PUPILS- 



Q. 



QUALIFICATIONS— 

Of teachers 

Of voters 

Of pupils for high schools 



Tij 



RECORDS- 



SEC. 


PAGE 


62 


44 


81 


52 


90 


56 


92 


59 



6 


12 


14 


16 


45 


33 


47 


34 



56 


42 


58 


42 


65 


46 


69 


4S 



77 


51 


5t 


37 


51 


38 



Age of 

May be expelled 

Admitted from adjoining districts 



PRESIDENT— 

Duties of 53 38 



15 


17 


45 


33 


38 


30 



Of County Superintendents 16, 20 iS, 20 

Of district boundaries 24 21 

Of District Secretary 56 40 

Of teacher 61 43 



INDEX. 



101 



R.EGISTER- g^^. 

Kept by teacher ^i 

Of bonds by County Recorder 9' 

Of United States bonds by Secretary 94 

REPAIR SCHOOL-HOUSES— 

By Directors 5i 

By vote of the people ^3 

REPORT— 

Of Superintendent of Public Instruction lo 

Of County Superintendent, to same i8 

To County Commissioners 20 

By District Secretary 56 

By Teachers ^^ 

By County Treasurer, quarterly 66 



PAGE 
43 
5S 
60 



s 

SCHOOL— 

Normal . . 69 

Definition of 76 51 

General provisions concerning 76, 80 51, 52 

SCHOOL DISTRICTS— See "District." 



SCHOOL-HOUSES— 

Built by the Board on order of the district 51 

Built, repaired, etc., by vote of the district 63 

Site for school-house 49 

SCHOOL MONEY— 

Withheld by the Constitution 2 

Withheld by lavr 75 

Apportioned by Superintendent of Public Instruction . . 11 

Apportioned by County Superintendent 72, 73 

How derived, see " Fund." 



SUPERINTENDENT OF PUBLIC INSTRUCTION— 
Duties, etc 



12-16 



SUPERINTENDENT OF SCHOOLS (County)— 
Duties, etc 



13, 25 i6, 22 



102 INDEX. 



TAXES- 



Connty school, levied by Commissioners 

Special school fund 

For interest and principal on bonds . . . 



TEACHERS- 



Not to teach without certificate 

To make reports and keep register 

Last one of the year to make annual report 

TREASURER— 

Of county, to keep separate accounts 

Of county, to report quarterly 

Of county, to arrange tax-books 

Of county, receives fines, etc 

Of county, pays interest on bonds 

Of county, collects bond taxes 

Of district, duties 

Of district, duties concerning bonds 

TUITION— 

Of non-resident pupils 51 36 



"V^ 



VACANCY— 



64 


46 


67 


47 


92 


5S 


60 


43 


61 


43 


61 


44 


26 


22 


66 


46 


67 


47 


69 


48 


92 


58 


92 


58 


47 


34 


92 


58 



County Superintendent 14 16 

District Board 47 34 

District Board, in districts of first class 48 35 



THE SCHOOL LAW 



State of Colorado 



AS AMENDED TO DATE. 



i8ql 




*Mli*l^**»*IMM>MMIW 



State Historical iiociety 

OF WISCONSIN 



MADISON -« 



COLOEADO SPBINGS, COLO.: 

The Gazette Printing Company, State Peinters, 

1891. 



> 



WIS. 



THE SCHOOL LAW 



State of Colorado 



AS AMENDED TO DATE. 



I5QL 



Co^^^. 



■P ''./"O- 



^T1lT■M.!'l[!ll1'lfP' 






COLORADO SPRINGS, COLO.: 

Thk Gazette Pmnting Company, State Pbintebs. 

1891. 



THIS PAMPHLET IS STATE PROPEKTY. 



School officers on retiring from office should deliver 
this book, with all other papers and documents of an 
official character, to their successors in office. 






& 



PREFACE. 



The contents of this pamphlet include: 

Sections 7 and 14 of the Enabling Act; 

Sections 1 and 6 of Article VII.; Article IX.; Section 
5 of Article X.; Sections 1, 2 and 7 of Article XI.; Sections 
8, 9 and 10 of Article XIV. of the State Constitution; 

The School Law of the State, as amended to date; 

The law of public contracts; 

The law relating to the study of the nature of alcoholic 
stimulants; 

The law concerning the reports of State Educational 
Institutions; 

The law establishing Arbor Day; 

The law relating to compulsory education; 

The law organizing a State Normal School; 

The law authorizing the levy of a State tax for certain 
State Educational Institutions; 

The law providing for the payment of school orders; 

Sections 1, 14, 25 and 26 of an act to provide for the 
payment of salaries to certain officers; 

The law authorizing school districts to purchase flags 
for school buildings; 

Blank forms for the use of school officers and teachers. 

This edition of the School Law is issued under au- 
thority granted by Section 3004, Revised Statutes of 1883. 

NATHAN B. COY, 

Superintendent of Public Instruction. 



SECTIONS VII. AND XIV. OF TIIH ENABLING ACT. 



Section 7. The sections numbered sixteAi and thirty- 
six in every township, and where such sections have been 
sold or otherwise disposed of by any act of congress, other 
lands equivalent thereto in legal subdivisions of not more 
than one quarter-section, and as contiguous as may be, are 
hereby granted to said Htate for the support of common 
schools. 

Section 14. That the two sections of land in each 
township herein granted for the support of common 
schools, shall be disposed of only at public sale and at a 
price not less than two dollars and fifty cents i)er acre, the 
proceeds to constitute a permanent school fund, the in- 
terest of which to be expended in the support of common 
schools. 



SELECTIONS 

FROM THE 

Constitution of the State of Colorado, 

TOUCHING PUBLIC SCHOOLS AND SCHOOL OFFICERS. 



AETICLE VII. 

SUFFEAGE AND ELECTIONS. 

Section 1. Every male person over the age of twenty- 
one years, ]30ssessing the following qualifications, shall be 
entitled to vote at all elections: 

First — He shall be a citizen of the United States, or, 
not being a citizen of the United States, he shall have 
declared his intention, according to law, to become such 
citizen, not less than four months before he offers to vote. 

Second — He shall have resided in the State six months 
immediately preceding the election at which he offers to 
vote, and in the county, city, town, ward or precinct, such 
time as may be xarescribed by law; provided, that no per- 
son shall be denied the right to vote at any school district 
election, nor to hold any school district office, on account 

of sex. 

* *- * * * * 

Sec. 6. No person except a qualified elector shall be 
elected or aiDpointed to any civil or military office in the 
State. 

ARTICLE IX. 

EDUCATION. 

Section 1. The general supervision of the public 
schools of the State shall be vested in a board of education, 
whose powers and duties shall be prescribed by law; the 
Superintendent of Public Instruction, the Secretary of 
State and Attorney General shall constitute the board, of 
which the Superintendent of Public Instruction shall be 
president. 



6 SCHOOL LAW OF THE 

Sec. 2. The general asseml)ly shall, as soon as prac- 
ticable, provide for the establishment and maintenance of 
a thorongh and uniform system of free public schools 
throughout the State, wherein all residents of the State 
lietween the ages of six and twenty-one years may be 
educated gratuitously. One or more public schools shall 
be maintained in each school district within the State, at 
least three months in each year; any school district failing 
to have such school shall not be entitled to receive any 
portion of the school fund for that year. 

Sec. B. The j)ublic school fund of the State shall for- 
ever remain inviolate and intact; the interest thereon oidy 
shall be expended in the maintenance of the schools of the 
State, and shall be distributed amongst the several counties 
and school districts of the State, in such manner as may 
be prescribed by law. No part of this^fund, principal or 
interest, shall ever be transferred to any other fund, or 
used or appropriated, except as herein provided. The 
State Treasurer shall be the custodian of this fund, and 
the same shall be securely and profita])ly invested, as may 
be by law directed. The State shall supply all losses 
thereof that may in any manner occur. 

Sec. 4. Each county treasurer shall collect all school 
funds belonging to his county, and the several school dis- 
tricts therein, and disburse the same to the proper districts, 
ujDon warrants drawn by the county superintendent, or by 
the proper district authorities, as may be provided by law. 

Sec. 5. The public school fund of the State shall con- 
sist of the proceeds of such lands as have heretofore been, 
or may hereafter be, granted to the State by the general 
government for educational purposes; all estates that may 
escheat to the State; also, all other grants, gifts or devises 
that may be made to this State for educational purposes. 

Sec. 6. There shall be a county superintendent of 
schools in each county, whose term of office shall be two 
years, and whose duties, qualifications and compensation 
shall be ijrescribed by law. He shall be ex officio commis- 
sioner of lands within his county, and shall discharge the 
duties of said office under the direction of the State Board 
of Land Commissioners, as directed by law. 

Sec. 7. Neither the general assembly, nor any county, 
city, town, township, school district or other public corpo- 
ration, shall ever make any appropriation, or pay from any 
public fund or moneys whatever, anything in aid of any 



STATE OF COLOKADO. 7 

church or sectarian society, or for any sectarian purpose, 
or to help support or sustain any school, academy, semi- 
nary, college, university or other literary or scientific 
institution, controlled by any church or sectarian denomi- 
nation whatsoever; nor shall any grant or donation of 
land, money, or other jjersonal property, ever be made by- 
the State, or any such public corporation, to any church 
or for any sectarian purpose. 

Sec. 8. No religious test or qualification shall ever be 
required of any person as a condition of admission into 
any public educational institution of the State, either as 
teacher or student; and no teacher or student of any such 
institution shall ever be required to attend, or participate 
in, any religious service whatever. No sectarian tenets or 
doctrines shall ever be taught in the public schools, nor 
shall any distinction or classification of pupils be made 
on account of race or color. 

Sec. 9. The Governor, Superintendent of Public In- 
struction, Secretary of State and Attorney General shall 
constitute the State Board of Land Commissioners, who 
shall have the direction, control, and disposition of the 
public lands of the State, under such regulations as may 
be prescribed by law. 

Sec. 10. It shall be the duty of the State Board of 
Land Commissioners to provide for the location, protec- 
tion, sale, or other disposition of all the lands heretofore, 
or which may hereafter, be granted to the State by the 
general government, under such regulations as may be 
prescribed by law; and in such manner as will secure the 
maximum possible amount therefor. No law shall ever be 
passed by the general assembly granting any privileges to 
persons who may have settled upon any such public lands 
subsequent to the survey thereof by the general govern- 
ment, by which the amount to be derived by the sale, or 
other disposition, of such lands, shall be diminished,' 
directly or indirectly. The general assembly shall, at the 
earliest practicable period, provide by law that the several 
grants of land made by congress to the State shall be 
judiciously located and carefully preserved and held in 
trust, subject to disposal, for the use and benefit of the 
respective objects for which said grants of land were made, 
and the general assembly shall provide for the sale of said 
lands from time to time, and for the faithful application 
of the proceeds thereof, in accordance with the terms of 
said grant. 



8 SCHOOL LAW OF THE 

Sec. 11. The o-eneral asseinlily may require, by law, 
tliat every child of sufficient mental and physical ability, 
shall attend the public school, during the period between 
the ages of six and eighteen years, for a time equivalent 
to three years, unless educated by other means. 

Sec. 12. There shall l)e elected by the qualified electors 
of the State, at the first general election under this con- 
stitution, six regents of the university, who shall, immedi- 
ately after their election, be so classified by lot. that two 
shall hold their office for the term of two years, two for 
four years, and two for six years; and every two years 
after the first election, tllere shall be elected two regents 
of the university, whose term of office shall be six years. 
The regents thus elected, and their successors, shall con- 
stitute a body corporate, to be knowu by the name and 
style of "The Regents of the University of Colorado." 

Sec. 13. The regents of the university shall, at their 
first meeting, or as soon thereafter as iDractical)le, elect a 
president of the university, who shall hold his office until 
removed by the Board of Regents fcjr cause; he shall be 
ex officio a member of the board, with the privilege of 
speaking, but not of voting, except in cases of a tie; he 
shall preside at the meetings of the board, and bo the 
13rincipal executive officer of the university, and a member 
of the faculty thereof. 

Sec. 14. The Board of Regents shall have the general 
supervision of the university, and the exclusive control 
anil direction of all funds of, and appropriations to the 
university. 

Sec. 15. The general assembly shall, by law, provide 
for organization of school districts of convenient size, in 
each of which shall be established a board of education, 
to consist of three or more directors, to be elected by the 
qualified electors of the district. Said directors shall have 
control of instruction in the public schools of their re- 
spective districts. 

Sec. 16. Neither the general assembly nor the State 
Board of Education shall have power to prescribe text 
books to be used in the public schools. 

ARTICLE X. 

Section 5. Lots, with the buildings thereon, if said 
l)uil(lings are used solely and exclusively for religious wor- 
ship, for scIkxjIs, or for strictly charitable purposes, also 



STATE OF COLOEADO. 9 

cemeteries not used or held for private or corporate i^rofit, 
shall be exempt from taxation, unless otherwise provided 
by general law. 

ARTICLE XL 

PUBLIC INDEBTEDNESS. 

Section 1. Neither the State, nor any county, city, 
town, township or school district, shall lend or pledge the 
credit or faith thereof, directly or indirectly, in any man- 
ner to~or in aid of, any person, company or corporation, 
public or private, for any amount or for any j)urpose 
whatever, or become responsible for any debt, contract or 
liability of any person, company or corporation, public or 
private, in or out of the State. 

Sec. 2. Neither the State nor any county, city, town, 
township or school district shall make any donation or 
grant to, or in aid of, or become a subscriber to, or share- 
holder in, any corporation or company, or a joint owner 
with any person, company or corporation, public or pri- 
vate, in or out of the State, except as to such ownershixo as 
may accrue to the State by escheat, or by forfeiture, by 
ox3eration or provision of law; and except as to such own- 
ership) as may accrue to the State, or to any county, city, 
town, township or school district, or to either or any of 
them, jointly with any person, comjjany or corporation, by 
forfeiture or sale of real estate for non-payment of taxes, 
or by donation or devise for public use, or by purchase by 
or on behalf of any or either of them, jointly with any 
or either of them, under execution in cases of fines, penal- 
ties or forfeiture of recognizance, breach of condition of 
official bond, or of bond to secure public moneys, or the 
performance of any contract in which they or any of them 
may be jointly or severally interested. 

* * * * * *- * 

Sec. 7. No debt by loan in any form shall be con- 
tracted by any school district for the purpose of erecting 
and furnishing school buildings, or x^urchasing grounds, 
unless the proposition to create such debt shall first be 
submitted to such qualified electors of the districts as 
shall have paid a school tax therein, in the year next pre- 
ceding such election, and a majority of those voting 
thereon shall vote in favor of incurring such debt. 

ARTICLE XIV. 

Section 8. There shall be elected in each county, on 
the first Tuesday of October, in the year one thousand 



10 



SCHOOL LAW OF THE 



eight liuiidred and seventy-seven, and every alternate year 
forever thereafter, one county clerk, who shall be I'x officio 
recorder of deeds and clerk of the board of county com- 
missioners; one sheriff; one coroner; one treasurer, who 
shall be collector of taxes; one county superintendent of 
schools; one county surveyor, and one county assessor. 

Sec. 9. In case of a vacancy occurring in the office of 
county commissioner, the Governor shall fill the same by 
appointment; and in the case of a vacancy in any (jther 
county office, or in any precinct office, the lioard of 
county commissioners shall fill the same by appointment; 
and the person appointed shall hold the office until the 
next general election, or until the vacancy be filled by 
election according to law. 

Sec. 10. No jjerson shall be eligible to any county 
office unless he be a qualified elector; nor unless he shall 
have resided in the county one year preceding his election. 



AN ACT 



TO ESTABLISH AND MAINTAIN A SYSTEM OF FREE SCHOOLS, APPROVED 
MARCH 20, 1877, AS AMENDED BY THE SECOND, THIRD, FOURTH, SIXTH, 
SEVENTH AND EIGHTH GENERAL ASSEMBLIES. 



State board, 
how cousti- 
tuted. 



Meetings and 
powers. 



Be it enacted by the General Assevibly of the State of Colorado : 
STATE BOAED OF EDUCATION. 

Section 1. The Superintendent of Public Instruction, 
the Secretary of State and Attorney General, shall consti- 
tute a State Board of Education, of which the Superin- 
tendent of Public Instruction shall be president. 

Sec. 2. The State- Board of Education shall meet at 
the State capitol on the last Saturday in December in 
each year, and at such other times and places as may by 
them be deemed necessary, and shall have power to adopt 
any rules and regulations not inconsistent with law, for 
its own government, and for the government of public 
schools, 
state diplomas, Sec. 3. Tlic State Board of Education is hereby au- 
' thorized to grant State diplomas to such teachers as may 
be found to possess the requisite scholarship and culture, 
and who may also exhibit satisfactory evidence of an 
unexceptional moral character, and whose eminent pro- 
fessional ability has been established by not less than two 



STATE OF COLOEADO. 11 

years' successful teaching in the public schools of this 
State. Such diplomas shall su^Dersede the necessity of 
any and all other examinations of persons holding the 
same, by county, city or local examiners, and shall be valid 
in any county, city, town or district in the State, unless 
revoked by the State Board of Education. 

Sec. 4. But State diplomas shall only be granted upon Examination 
public examination, of which due notice shall be given, in diplomas. 
such branches and upon such terms, and by such examin- 
ers as the Superintendent of Public Instruction, the Pres- 
ident of the State University, the President of the .State 
Agricultural College and the President of the State School 
of Mines may prescribe; Provided, That the State Board 
of Education may, u^Don the recommendation of the State 
Board of Examiners, grant State diplomas without exami- 
nation to persons who, in addition to good moral char- 
acter and scholarly attainments, have rendered eminent 
services in the educational work of the State for a period 
,of not less than five years. * 

Sec. 5. The State Board of Education may at any how revoked, 
time revoke a State diploma, u^Don satisfactory evidence 
that the holder thereof has become unworthy of the same; 
Provided, That, before revoking any such diploma, the 
holder thereof shall have at least thirty days' notice to 
appear before the State board, and refute any charges 
brought against him. 

supeeintendent of public insteuction. 

Sec. 6. At the general election, to be held in the year when elected. 
of our Lord one thousand eight hundred and seventy- 
eight, and every two years thereafter, a State Superinten- 
dent of Public Instruction shall be elected by the qualified 
electors of the State, who shall hold office for a term of two Tenure of 
years from the second Tuesday of January next after ° 
his election, and until his successor is duly elected and 
qualified. 

Sec. 7. Before entering upon his duties he shall take oath and bond. 
and subscribe the oath of ofiice prescribed by the consti- 
tution, and shall also execute a bond in the penalty of five 
thousand dollars, payable to the State of Colorado, with 
sureties to be approved by the State Auditor, conditioned 
upon the faithful discharge of his official duties, and the 
delivery to his successor of all books, papers and docu- 
ments and other property belonging to the office. Said 



12 



SCHOOL LAW OF THE 



Keep office, 
where. 



Decisions 
touchiuf; 
school livws. 



Prepare iiues 
tiotis for 
teachers' 
exaniiuatioii. 



Fwmish 
blanks, etc. 



Such supplies 
to be charged 
to counties and 
deilucted from 
state fund. 



bond and oath shall be dei^osited with the Secretary of 
State. 

Sec. 8. He shall have an oflBce at the seat of govern- 
ment, where shall be kept an official seal, and all books 
and papers appertaining to the business of his office. He 
shall file all papers, reports and public documents trans- 
mitted to him by the school officers of the several counties, 
each year separately, and hold the same in readiness to be 
exhibited to the Governor, or to any committee of either 
house of the general assembly. Copies of all papers tiled 
in his office, and his official acts, may be certitied by him, 
and when so certified, shall be evidence equally and in 
like manner as the original papers. He shall decide all 
points touching the construction of the school laws, which 
may be submitted to him in writing by any school officer, 
teacher or other person in the State, anil his decision shall 
be held to be correct and final until set aside by a court of 
competent jurisdiction, or by subsequent legislation; and 
said decisions, ^rrespondence and instructions may be 
communicated through the columns of any regularly puli- 
lished periodical that is devoted to the interests of educa- 
tion. He shall prepare lists of questions for the use of 
county superintendents at the quarterly examination of 
teachers, and make such suggestions concerning their use 
as shall tend to secure uniform examinations in the dif- 
ferent coiTnties; and he may call to his aid, in the prepara- 
tion of said questions, such assistance as he may tleem 
proper. 

Sec. U. He shall have a general supervision of all the 
county superintendents and of the public schools of the 
State. He shall prei)are. have printed and furnish to 
teachers and all officers charged with the administration 
of the laws relating to public schools, such blanks, forms, 
registers and books as may be necessary to the discharge 
of their duties; but he shall not copyright such forms, nor 
be directly nor indirectly compensated by reason of the 
sale thereof. All registers and blank books so furnished 
for the use of teachers and school officers, shall be charged 
to the respective counties at cost, and the county superin- 
tendent of schools shall receipt for and distribute the 
same among the districts of his county as they may 
require; and the amount so charged against each county 
shall be dediicted from the amount apportioned to such 
county at the semi-annual apportionment of the State school 
fuml; and the Superintendent of Public Instruction shall 



STATE OF COLORADO. 13 

certify to the State Treasurer the agg-reo-ate amount of 
such deductions, and the Treasurer shall thereupon trans- 
fer said amount from the school fund, subject to appor- 
tionment, to tlie#general fund. The Suj^erintendent of Publication of 
Public Instruction shall have the laws relating to public ''''°"' '•'^''• 
schools printed in ijamphlet form, and annexed thereto 
forms for making reports and conducting school business, 
and shall supply school officers, school libraries and State 
libraries with a copy each. Said printing to be paid for 
out of the printing fund, on warrant of the Auditor, on 
bills approved by the SuiDerintendent of Public Instruc- 
tion, and attested by the Secretary of State. 

Sec. 10. He shall, on or before the tenth day of Decem- Bienmai 
ber, in every year preceding that in which shall be held '■''^'^°'-'^- 
a regular session of the general assembly, report to the 
Governor the condition of the public schools, the amount 
of State school fund apportioned, and sources from 
which derived, with such suggestions and recommen- 
dations relating to the affairs of his office as he may think 
proper to communicate. It shall be his duty to visit visit each 
annually such counties in the State as most need his what purpose, 
personal attendance, and all counties, if practicable, for 
the purpose of inspecting the schools, awakening and 
guiding public sentiment in relation to the practical inter- 
ests of education, and diifusing as widely as possible, by 
public addresses and personal communication with school 
teachers and parents, a knowledge of existing defects and 
of desirable improvements in the government and instruc- 
tion of the schools ; and he shall open such correspondence corre- 
as may enable him to obtain all necessary information '''^'"°*^'^"'^''" 
relating to the system of public schools in other States; 
and he shall receive out of the State treasury, for actual 
necessary traveling expenses and other expenses while Traveling 
traveling on the business of the department, not exceeding ^^p®^®^^- 
five hundred dollars per annum, for which he shall render 
an itemized bill to the Auditor of State, who is hereby 
authorized to draw his warrant therefor; and an office, contingent 
fuel, furniture, postage, books, stationery, and other con- '^^^^°^^^- 
tingent expenses pertaining to his office, shall be furnished 
in the same manner as those of the other deiDartments of 
the State government. 

Sec. 11. It shall be the duty of the State Auditor to state fund 
notify the Superintendent of Public Instruction of thewheu. ^^'' 
amount of money in the State treasury to the credit of the 
Public School Income Fund, on the thirtieth days of June 



14 



SCHOOL LAW OF THE 



Assistant 
librarian, 



and December in each year. Within fifteen days after 
recceiving such notification, the Superintendent of Public 
Instruction shall apportion said fund among the several 
counties of the State, from which reports kave been received 
by said Superintendent, as provided in this act, in laropor- 
tion to the school population as shown by the report of 
each county for the year next preceding such apportion- 
ment, making such deductions as are provided in sec- 
tion 9 of said chapter. And the Superintendent of Public 
Instruction shall certify said apportionment to the State 
Auditor, and upon such certificate the Auditor shall draw 
his warrant on the State Treasurer in favor of the county 
treasurer of each county, for the amount due said county. 
Notify different The Superintendent shall also certify to the superin- 
officers. tendent of each county the amount apportioned to such 

county. 

Sec. 12. He may employ an assistant librarian, who 
shall have charge of the State library, under such regula- 
tions as may be prescribed by the State Librarian, or by 
law. Said assistant shall receive the annual salary of one 
thousand ($1,000) dollars for his services. 

COUNTY SUPERINTENDENT. 

Sec. 13. There shall be elected in each county, at the 
general election in the year one thousand eight hundred 
and seventy-seven, and biennially thereafter, a county 
suj)erintendent of public schools, who shall take office on 
the second Tuesday of January next succeeding that on 
which such election shall be held. He shall hold his office 
for two years, and until his successor shall be elected and 
Oath and bond, qualified. Before entering upon the duties of his office 
he shall take the oath prescribed by the constitution, and 
execute a bond payable to The People of the State of Col- 
orado, with two or more sureties, to be approved by the 
board of county commissioners, in penalty of not less than 
two thousand dollars, to be increased at the discretion of 
said board, conditioned upon the faithful performance of 
the duties of his office and the delivery of all moneys and 
property as such sux)erintendent to his successors, which 
bond shall be filed in the office of the county clerk. 

Sec. 14. Should the superintendent elect fail to qualify 
as aforesaid, or should there occur a vacancy in said office, 
the board of county commissioners shall, at their next 
meeting after such vacancy or failure to qualify occurs, 
appoint an eligible and suitable person, who shall qualify 



Wlien elected. 



Term of office. 



Failure to 
qualify. 

County com- 
missioners fill 
vacancy. 



STATE OF COLOEADO. 15 

within ten days after his appointment, and who shall con- 
tinue in office until the next general election thereafter. 
Should such appointee fail to qualify, as aforesaid, another 
appointment shall be made in the same manner, until the 
vacancy shall be filled by appointment or election. 

Sec. 15. On the last Friday of February, May, August Quarteriy^^ 
and November, in each year, he shall meet all persons de- 
sirous of passing an examination as teachers, in some 
suitable room at the county seat, notice of which shall be 
given in some newspaper in the county, or in case there is 
no paper published in the county, he shall give such notice 
as may by him be deemed necessary; at which time he 
shall examine all such applicants in orthography, reading. Topics, 
writing, arithmetic, English grammar, geography, the his- 
tory of the United States, including the constitution of 
the United States, physiology, laws of health, the elements 
of the natural sciences, theory and practice of teaching, 
and the school law of the State; Provided, That, if at- 
tendance upon the examination at the county seat work 
a great hardship to one or more teachers in the county, he 
may provide for such teacher or teachers to take the ex- 
amination at some convenient place under the direction of ^^^'^g ^^f^f 
a deputy, who shall transmit to the county superintendent elsewhere. 
the written answers of each applicant as soon as the exami- 
nation is completed. Such deputy shall receive the sum 
of five dollars ($5) per day for conducting such exami- 
nations, when such services are certified to the county 
commissioners by the county superintendent. If the 
applicant is to teach in a school of high grade, the exami- 
nation shall extend to such additional branches of study as 
are to be pursued in such school. If satisfied of the 
comi^etency to teach, and of the good, moral character of 
the applicant, he shall give such applicant a certificate as certificates, 
provided in the following section, but he shall not issue a 
certificate, except a temporary one, unless the applicant be 
examined at the regular quarterly examination. 

Sec. 16. The certificates issued by the county superin- ^^ad^s^of ^ 
tendents shall be of three grades, distinguished as first, 
second and third. The first grade certificate shall be valid 
for two years; the second grade for one year; the third 
grade for six months. A county superintendent may re- 
new a certificate of the first grade by endorsing such 
renewal thereon, and may revoke certificates of any grade 
at any time, for immorality, incompetency or other just 
cause. It shall be deemed a violation of law to grant a 



certificates. 



IB SCHOOL LAW OF THE 

(•tn'tilicate of either of the above iinuuHl grades without 
re(iuiriiig the applicant to pass a thorough and satisfac- 
tory examination in such ])raiiches, and at such times as 
are specified in section 15 of this act, and in ail such ex- 
aminations the questions prepared by the Superintendent 
of Public Instruction shall be used; Frocidcd, however. 
That a certificate of the third grade shall not be refused 

Tiiinif^ia.ic. l)t'cause of the failure of the applicant in the elements of 
the natural sciences. The superintendent may, however, 
upon satisfactory evidence of c(mipetency, issue a tempo- 
rary certiticate, which shall be valid (mly until the next 
renular examination, at which time the holder of such 
temporary certiticate shall appear for a complete exami- 

Teiuix'rary. uatiou, as aforcsaid. It shall not be lawful to renew a 
temporary certificate, nor to grant a second one to the 
same person. The superintendent shall keep an official 

Keconi. rccord, in a suitable book, of the persons so examined, con- 

taininu; the name, age, nationality, date of examination, 
and grade of certificate issued; he shall also retain for six 
months the written answers of all applicants at the regular 
examii'.ations, and hold the same subject to the order of 
the State Board of Ediicaticm; And, provided, fiirtlier. 
That in school districts of the first class, the examination 
of teachers to fill vacancies may be conducted l)y the 
school boards of such districts, and a tt»acher thus exam- 
ined and employed by a district of the first class shall not 
})e required to tiold a certificate from the county superin- 
tendent while teaching in such district. A county 
sui)erintendent may, upon the application of a teacher 
holding a first grade certificate received at a regular exami- 
nation in another county in the State, and in full force at 

Cfiiiti.ai.. af the time, issue to said teacher a certificate of like grade, 

like ,:nuk.. j^. yjitiytied of his or her ability to teach: Provided, That 
such certificate shall not show the standing in each 
branch, nor be subject to renewal, but shall show the con- 
dition upon which it is issued. In case a certificate is 
rcn'oked or refused, at a regular examination, by the county 

Appeal. superintendent, the right of a^^peal to tlu» State Board of 

Education shall not be denied the teacher or applicant, if 
said appeal be taken within thirty days from date of notice 
of such revocation or refusal. 

Deputy. Sec. 17. If for any cause the superintendent is unable 

to attend to the duties of his oflSce, he may appoint a dep- 
uty, who shall take the usual oath or affirmation of office, 
antl who may exercise all the functions of county superin- 



STATE OF COLOEADO. 17 

tenclent, but such deputy shall draw no salary from the 
public fund; Provided, That the suiDerintendent may re- 
ceive a 'per ddem for the service of such deputy. 

Sec. 18. On the first Tuesday of September, in each Reports, 
year, the county superintendent shall make a report to the 
Superintendent of Public Instruction for the school year 
ending June thirtieth next preceding, which report shall 
contain an abstract of the reports made to him by the 
district secretaries, and such other matters as the Super- 
intendent of Public Instruction may direct, and shall be items. 
in such form and ux^on such blanks as the Superinteiident 
of Public Instruction shall furnish. The county superin- Retain copy, 
tendent shall retain a copy of all such reports and file 
the same in his office. 

Sec. 19. The county superintendent shall apportion 
the general school fund of the county among the several 
school districts in accordance with the provision of sections 
seventy-two and seventy-three of this chapter, quarterly, 
to- wit : On the first Monday in January, April, July and Apportion- 
October, in each year, and he may ai)portion the same at'^^''" '"^ ^^' 
other times if there be sufficient money in the treasury to 
require it. He shall certify each apportionment promx^tly 
to the county treasurer, and shall also notify the secretary Notify officers. 
of each district of the amount placed to the credit of his 
district. 

Sec. 20. It shall be the duty of the county superin- 
tendent to exercise a careful supervision over the schools visitation. 
of his county, to visit each school at least once during 
each quarter it is in session, to see that all the i)rovisions 
of this act are observed and followed by teachers and 
school ofiicers; to examine the accounts of the district Examine dis- 

m 1 •£ ^ 1 11, in trict accounts. 

oincers to see it such accounts are properly kept, and all 
district funds properly accounted for; to keep, in a good 
and substantial bound book, a record of his ofiicial acts, 
and of all other matters required by law to be recorded; 
to obey the legal instructions and decisions of the Super- 
tendent of Public Instruction. He shall also keep a record 
of the registers, record books and order books furnished 
to the several districts of his county; and it shall be his 
duty to hold county teachers' associations whenever, in his hom county 
judgment, the interests of the school work demand it ; the associlitions. 
records of the county superintendent's office shall be open 
to the insj)ection of any citizen of the county, and within 
one week from the close of each school year he shall pub- 
lish in some newspaper published in the county, if there 
2a 



18 



SCHOOL LAW OF THE 



Publication of 
apportion- 
ments. 



Neglect of 
duty. 



Forfeiture 
for s^ame. 



May admin- 
ister oaths. 



Fill vacancies 
in district 
boards. 



Ascertain 
boundaries 
of districts. 



Salary. 



Bill tor same. 



be such a paper, a statement of the apportionment of 
school funds for the year preceding. 

Sec. 21. If the county superintendent fails to make a 
full and correct report to the Superintendent of Public 
Instruction, as provided by law, and shall, after written 
request or notice from the Superintendent of Public In- 
struction, or from the board of county commissioners, 
delay more than ten (10) days after the service of such 
notice to make such report, he shall forfeit the sum of one 
hundred dollars, which sum the board of county commis- 
sioners may deduct from any money due him; said forfeit 
may, however, be recovered by suit, upon his official bond. 

Sec. 22. The county superintendent shall have power, 
and is hereby authorized, to administer oaths and alfirma- 
tions to school directors, teachers and all other persons in 
official matters relating to schools ; but shall receive no fee 
for so doing. 

Sec 23. The county superintendent shall appoint di- 
rectors for any district which fails to elect, as provided in 
section forty-four, and shall fill vacancies that may occur 
in any board of directors by reason of death, removal from 
ofiice or from the district, resignation, or otherwise, except 
in boards of directors of districts of the first class, and the 
officers so apijointed shall hold office only until the ensu- 
ing regular efection. 

Sec. 24. It shall be the duty of the county superin- 
tendent to ascertain the boundaries of each school district 
in his county, and to make and keep a record of the same 
in a suitable bound book, which record shall show defi- 
nitely the boundaries of each district. In case the boun- 
daries are found to be conflicting or incorrectly described, 
he shall harmonize the same and make a report of such 
action to the board of school directors whose districts are 
affected thereby. District officers shall have access to 
such records for the jaurpose of examination, making 
copies, or for other legitimate purposes. The county 
superintendent shall prepare, or have prepared, a map of 
the county, showing the correct boundaries of the districts. 

Sec. 25. For the time necessarily spent in the dis- 
charge of his duty he shall receive five (5) dollars per 
day, and fifteen (15) cents for each mile necessarily 
traveled one way. He shall, as far as practicable, render 
an itemized bill of his services and mileage, each month 
or quarter, to the board of county commissioners, and 



STATE OF COLOEADO. 19 

shall make oath that the bill is just and correct; where- 
upon the county commissioners shall order a warrant on 
the county treasurer, payable from the general county 
fund; Provided, That the annual salary so received shall 
in no case exceed one hundred dollars for each regularly Limit, 
organized x^ublic school in the county. The commis- 
sioners shall provide him with a suitable office at the 
county seat, and all necessary blank books, stationery, Books etc., 
postage, expressage and other expenses of his office, not wunty!^*^ ^^ 
otherwise provided for, which last mentioned expenses 
shall be paid for from the county fund. He shall keep his Keep ws office 
office open for the transaction of official business such 
days each week as the duties of the office may require. 

Sec. 26. It is hereby made the duty of the county ^^^^^tj^s of 
treasurer in each county, to keep a separate account with treasurers. 
each school district in his county, to place to the credit of 
each the amount of money as certified to by the county 
superintendent, as provided in section nineteen, and to 
pay over the money so collected, upon the presentation of 
the legally-drawn warrants or order of the district officers 
entitled to draw the same; Provided, That if the county 
superintendent shall notify the county treasurer, in writ- Not to pay 
ing, that there has been a failure on the part of any board cert^ain'cases. 
of directors to comply with the law, and that said money 
should be withheld from said board of directors, he shall 
retain the same until further notice from the county 
superintendent. On or before the fifth day of July in 
each year, he shall render, to the county superintendent of 
schools, a statement of the receipts and disbursements on Treasurers' 
account of the several districts, of all the school f unds ^^''°'^*^' 
which have passed through his hands during the school 
year next preceding; and at the same time he shall render 
to each district secretary a statement of receipts and dis- 
bursements of such district. All money which shall be- 
come forfeited by any district shall be put into the General 
School Fund, and re-appropriated as other moneys. 

OEGANIZATION OF DISTRICTS, ETC. 

Sec. 27. For the purpose of organizing a new district Division 
out of a portion of one or more old districts, the parents °^ '^^®*"*'*^- 
of at least ten children of school age residing within the 
limits of the proposed new district shall petition the 
county suiDerintendent, in writing, which petition shall 
describe the boundaries of the proposed district, and the 
names of all children of school age residing in such pro- 
posed district at the date of said petition; and said list of 



20 



SCHOOL LAW OF THE 



Notice of 
meeting. 



New districts 
from unor- 
ganized 
territory. 



List of names, naiiies shall be held to be the census list of said district 
until the next regular census shall be taken, and if any 
names are found on said list, and also on other census lists 
for the current year, if the county superintendent is satis- 
fied that the children so named are bona fide residents of 
the proposed district, he shall strike such names from the 
lists of the old districts, when the organization of the new 
district is complete. If, in the judgment of the county 
superintendent, the school interest of the districts affected 
by the proposed change, will be best promoted by said 
/ change, he shall direct some one of the petitioners who is 
a legal voter, to notify each elector residing within the 
district so to be formed, by personal service as far as con- 
venient, and to j)ost a notice in three public jDlaces in said 
new district, that such jjetition has been made, and that a 
meeting will be held, naming the time and place for such 
meeting, to determine the question of the proposed organi- 
zation. People living upon unorganized territory may 
organize themselves into a school district at any time, 
without a petition, if a majority of the legal voters residing 
within the i)roposed district shall so decide at a meeting, 
of which reasonable notice has been given to all resident 
voters, and which meeting shall be conducted as is now 
provided by law for the organization of new districts; 
Provided, That, in addition to the copy of the proceedings 
now required by law, the secretary shall also transmit to 
the county superintendent a certified list of all children of 
school age who are residents in good faith in said district 
at the date of the organization, which list shall be held to 
be the census list of said district until the next regular 
school census. 

Sec. 28. The qualified electors of such proposed new 
district, when assembled in accordance with the notice 
above required, shall organize by electing a chairman and 
secretary. Every legally qualified elector, and none other, 
shall be entitled to vote at such meeting. After the or- 
ganization of such meeting, as above mentioned, a vote 
shall be taken by ballot on the question whether or not 
the proposed district shall be organized. Those in favor 
of organization shall vote "Yes,"' and those opposed '"No." 
If two-thirds of the legal voters so voting are found to 
be in favor of such organization, and not otherwise, the 
meeting shall proceed to elect by ballot a board of 
directors of said district, who shall hold oflSce until the 
ensuing regular election, as provided in section forty-four 



Qvialified 
electors of 
new school 
districts shall 
organize. 

Only qualified 
electors 
entitled to 
vote. 

Vote taken. 



Proceed to 
elect by ballot 
a board of 
directors. 



STATE OF COLOEADO. 21 

(44) of this act. The secretary of said meeting shall 
immediately transmit to the county superintendent a J^^^^^^^^^IJ, 
copy of the proceedings of the meeting, upon receipt of ceedings. 
which, if the proceedings are found to have been in accord- 
ance with law, he shall establish and number such dis- shaii establish 
trict and enter a record of the same, and of the proceedings suchdistrict. 
of the meetings, as provided in section twenty-four ( 24 ) of 
this act; Provided, If such organization of a new district ^'■o'^iso. 
works great hardships to any head of a family, a statement ^^'■^^o'f'famii 
of the facts may be submitted to the superintendent and 
two disinterested persons, one to be named by the suj)er- 
intendent and one by the person affected, and if in their 
judgment good cause be shown for the transfer, he may be ^^^fj^^^"'''^ *° 
transferred to another district; Provided^ further^ That district. 
no district shall hereafter be divided for the purpose of Proviso, 
forming a new district, unless it contains an area of more ^°,f^*of"^fjfg 
than nine square miles; nor shall a district be divided if square miies. 
by so doing the remainder of the district shall be found to 
contain less than fifteen persons of school age, and when ^^ persons. 
practicable the district shall conform to government lines; 
Provided^ also, That no city or town shall hereafter be^^o^^iso- 
divided into two or more districts, and ■ districts of the ^^isM^ct^of first 
first class shall not be divided except upon a vote of the be divided, 
electors of the district, submitted at an annual election, of electors of 
and a majority of all the votes cast being in favor of such ^^®*^'^°*- 
division. 

Sec. 29. Two or more contiguous districts may beumonof 
united into one district. For the purpose of effecting such 
union, each district shall, at a s]3ecial meeting legally 
called for the purpose, determine by ballot whether or not 
a majority of the legal voters assembled are in favor of 
such union. Those in favor will vote "Yes," and those 
opposed "No." If a majority of the voters present, in 
each district, vote in favor of a union, a union meeting Meeting caiied. 
shall be called by giving at least ten days' public notice, lo days- notice. 
at which meeting the organization shall be perfected by 
the election of officers and other necessary proceedings, in 
the same manner as provided for the organization of dis- 
tricts in section twenty-eight (28) of this chapter. Upon 
receiving notice from the county superintendent, of such 
union of districts, it shall be the duty of the county 
treasurer to transfer all funds belonging to said districts 
to the credit of the new district thus formed. A portion 
of unorganized territory may be annexed to a school dis- Annexation, 
trict ; or a portion of one • district may be detached from 



SCHOOL LAW OF THE 



IVTust establish 
school before 
mouey is paid 
over; may 
become void 
ill six months. 



County super- 
intendent may 
extend time. 



Annulled for 
failure. 



Joint districts 
how formed. 



Reports 
separate. 



said district and annexed to a contiguous district, by the 
county superintendent, upon petition, in either case, of a 
majority o£ the legal voters i;esident within the territory 
to be so annexed, subject always to the limitation provided 
in section twenty-eight. 

Sec. 30. No new district, formed as provided in sec- 
tions twenty-seven (27) and twenty-eight (28) of this 
chapter, shall be entitled to any portion of the public 
school money until a school has actually commenced there- 
in, and unless within six (6) months from the establish- 
ment of such district a school be opened and maintained 
as required by law, the action making such district shall 
be void, and all actions had by such district, acting as a 
body corporate, shall cease and determine, and all taxes 
which may have been levied in the old district or districts 
out of which the new one was formed, shall be valid and 
binding upon the real and personal property of the new 
-district, the same as if said new district had never been 
organized; Provided, That the county superintendent may, 
for good cause, extend the said six (6) months to eight (8) 
months, said time of limitation shall begin to run from the 
time of the meeting at which it was voted to organize the 
district ; whenever any district shall, for the period of one 
year, fail to maintain a school and keep up its organization 
of officers, and to make annual report as required by law, 
the county superintendent may declare such district 
annulled, and annex its territory to adjoining district or 
districts. 

Sec. 31. A joint school district may be formed from 
territory belonging to two or more contiguous counties. 
For the purpose of organizing a joint district, the same 
13reliminary steps shall be taken, and the same course pur- 
sued as is provided for the organization of other districts, 
in sections twenty-seven (27) and twenty-eight (28). Such 

district shall be designated as "Joint District No , 

of the counties of and-...- , 

and shall be so numbered that it shall have the same num- 
ber in all the counties from which it is formed." The 
petition required by section twenty-seven (27) shall be 
made to each county superintendent interested, who shall 
unite in forming such districts; Provided, That the school 
census, the record of attendance at school, the assessing 
of property, the collection of taxes, and all other acts 
which from their nature should be separately kept or done, 
shall be kept and done, and the reports thereof made, as 



STATE OF COLOEADO. 23 

if each portion of said joint district belonging to each, 
county were an entire district in the respective counties. 
The teachers of such joint district shall have a certificate Teachers' 
from the superintendent of the county in which the school 
house is located. No joint district shall be annulled 
except by the consent of the county superintendents of 
the counties in which such district is located; Provided, 
That when any joint district desires to be annulled for how annulled. 
the purpose of forming separate districts, it shall require 
a majority vote of the voters constituting said joint dis- 
trict, at a meeting called for such purpose. 

Sec. 32. When a new district is formed from one or wiira new^is- 
more old ones, the school funds remaining to the credit from one or 
of the district, after providing for all outstanding debts Soffunds''^' 
excepting debts incurred for building and furnishing divided, 
school houses, shall be divided as follows: The basis of 
division for the school fund shall be the school population, 
as shown by the last school census before the division of 
the district or districts occurred, and shall apply to such 
funds as remain to the credit of said old district or dis- 
tricts at the time of the organization of said new district, 
and each district shall receive funds in proportion to its Each district 

J j> , T . -, -i- £ T • • 1 shall receive 

per cent, or the said census, in case or division, each funds, 
district shall own and hold all permanent property, such shaii o^j^and 
as sites, school-houses and furniture situated within its nent property, 
boundaries. All division of funds under this provision 
shall be made by the county superintendent, and when 
there are unpaid special taxes on the county tax-book, 
belonging to a distri'ct at the date of its division, the 
county treasurer, upon being notified of such division by county 
the county superintendent, shall retain all money received retain ftmds 
in payment of said special tax until the same shall be a^e^ippor-^'"^ 
apportioned by the county superintendent, whose duty it ^}^°"^^^- 
shall be to apportion said money monthly, between the intendent to 
fractions of the divided district, according to the location mOTiey!°° 
of the property on which said tax was levied. At the first cannot appor- 
apportionment after the organization of a new district, the scifoofhas 
county superintendent shall apportion to such district its goodfafth!*^ ^^ 
per' capita proportion of the general fund, but no money, 
either from the general or special fund, shall be paid out 
of the county treasury on account of such district until a 
school shall have been begun therein in good faith. 

Sec. 33. Whenever the school boards of two (2) or Establish a 
more contiguous school districts shall each deem it advis- school. ^^ 
able to establish a union high school, the county superin- 



24 



SCHOOL LAW OF THE 



Call a meeting 
of the board. 
Notice. 



High school 
committee. 



Elect a secre- 
tary and 
treasurer. 



Organize a 
high school. 



High schools 
open to chil- 
dren from all 
districts of the 
county. 



Tenure 
of office. 



Secretaries. 



Regular meet- 
ings; special 
meetings. 



Powers and 
duties of com- 
mittee. 



After establish- 
ment it shall be 
maintained. 



tendent shall, at the request of two (2) of the secretaries 
of the boards, call a meeting of the boards interested by 
giving personal notice to each member, which meeting 
shall elect by ballot from among the members of said 
boards, if a majority of the members of each board are 
present, a committee of three (3), to be known as the 
High School Committee of such union school. The county 
superintendent shall be, ex officio, an additional member 
of said committee and shall preside at the meetings 
thereof. There shall be elected a secretary of such com- 
mittee, and if need be a treasurer. In any case in which 
the county seat of any county shall all be included in one 
school district, the board of such school district shall have 
the same powers of establishing and organizing a high 
school as are hereby given to the board of two or more 
contiguous school districts, and in such case the high 
school committee shall be the board of such school dis- 
trict, or such three members as they may select. High 
schools formed under the provisions of this section shall 
be open to children from all districts of the county in 
which they are so formed; Provided, Such children are 
qualified, as hereinafter provided. 

Sec. 34. The members of said high school committee 
shall hold the office for and during the term they are 
members of their respective boards. All vacancies in said 
committee, other than such as are caused by the exjDiration 
of the term of office, shall be filled by the school board of 
which the person so vacating was a member. The secre- 
tary shall be elected annually, and may receiive such com- 
pensation as the committee shall deem proper to allow. 

Sec. 35. The regular meetings of the high school 
committee shall be held on the first Saturday of March, 
June, September and December of each year, and special 
meetings may be held at any time upon the call of the 
county superintendent, or of two members of the com- 
mittee. 

Sec 36. Said committee shall exercise all the powers 
and perform all the duties, with reference to said high 
school, that are accorded to and required of school boards 
throughout the State, as provided in section fifty (50) [51] 
of this act, and shall have power to establish and prescribe 
the qualifications and manner of examination for admit- 
tance to the high school. 

Sec. 37. After the first establishment of such a high 
school, it shall be maintained until the then next regular 



STATE OP COLOEADO. 25 

apportionment of the county school fund, as follows : Each H9W mam- 
district, which shall have any children attending such**'°®'^- 
high school, shall draw from its school fund, and cause to 
be placed to the credit of high school fund, such part of 
the whole expenses as shall be proportioned to the number 
of pupils attendant at such high school from such district ; 
Provided, It is with the approval of the directors of said 
district. After the first year, or part of a year, so as above After first year 
provided for, the said high school shall, so far as prac- a°separat^e ^^ 
ticable, be rated as a separate district. It shall be entitled 'district, 
to draw from the general, State and county funds its quota Draw its quota 
for attendance, as provided by section seventy- two (72) of 
this act, and the deficit shall be made n-p from the several ^^fi^u 
district funds in proportion to number of pupils from each 
district who attended said high school during the then 
past year. 

Sec. 38. The high school may be maintained during May be main- 
forty (40) weeks in each year, and shall be free to all weeks each 
children in the county who are qualified for admission *'''^'^'- 
according to the requirements prescribed by the com- 
mittee, and all children in the county who are so qualified, ^hudren^^ 
and who can pass the examinations prescribed by the p^^|^*^® ^4^,^^ 
committee, shall be entitled as of right to attend said 
high school. 

Sec. 39. Every district in the county which contributes whoshaii elect 
to the suxoport and patronage of said high school, shall, by ^ISmfttee. 
its board of directors, be entitled to a voice in the election 
of members of the committee. 

SCHOOL DISTRICTS, OFFICEES AND ELECTIONS. 

Sec. 40. Each regularly organized school district here- Each district a 
tofore formed, or that may be formed, as provided ii^ body corporate, 
this chapter, is hereby declared to be a body corporate, by 

the name and style of school district No. , in the 

county of , and State of Colorado, and in that 

name may hold property and be a party to suits and con- 
tracts, the same as municipal corx3orations in this State. 

Sec. 41. There shall be elected in each school district Anmmi 
of the State, annually, and in the manner . prescribed in <'><*°ti°'i- 
section forty-four (44) of said chapter, a board of directors. 
The number of persons that shall constitute each board of 
directors shall be determined as follows : The school dis- classification. 
tricts shall be classified into first (1st), second (2d), and 
third (3d) classes; districts containing a school popula- ist.ciass. 
tion of more than one thousand (1,000) shall be denomi- 



26 



SCHOOL LAW OF THE 



Term of oiUce. 



Organization 
of boards. 



Powers and 
duties. 



Present 

organization 

legalized. 



Change from 
second class 
to first. 



nated districts of the first (1st) class; districts containing: 
a school population of three hundred and fifty (350), and 
not exceeding one thousand (1,000), shall be denominated 
districts of the second (2d) class, and districts containing 
a school population of less than three hundred and fifty 
(350) shall be denominated districts of the third (3d) 
class. At the regular election in 1887, as provided in sec- 
tion forty-four (44) of said chapter, all districts of the 
first (1st) class shall elect, by ballot, one (1) director for 
three (3) years; and at the regular election in 1888, one 
(1) director for three (3) years and one (1) director for 
four (4) years; and at the regular election in 1889, one (1) 
director for four (4) years and one (1) director for five 
(5) years; and annually thereafter there shall be elected 
one (1) director for five (5) years. All districts of the 
second and third classes shall elect one (1) president for 
three (3) years, one (1) secretary for two (2) year«, and 
one (1) treasurer for one (1) year; and annually there- 
after there shall be elected for three (3) years a person to 
fill the vacancy occurring; Provided, That this shall not 
apply to districts of the second and third classes already 
organized. School boards of the first class shall, at their 
first meeting after their election, elect a president, who 
shall be a member of the board, a secretary, who may or 
may not be a member of the board, and a treasurer, who 
shall not be a member of the board, and who shall hold 
office for one year and until their successors are elected 
and qualified. In districts of the first and second classes 
the boards, after organization, shall exercise all the power 
given the electors of districts of the third class, as speci- 
fied in section sixty-three (63) of said chapter. 

Sec, 42. Every school district in the State, which now 
exercises the prerogatives of a school district, and the 
legality of whose organization has not been legally denied, 
and which has a board of directors, duly qualified according 
to law, and has exercised the rights and enjoyed the privi- 
leges of a legally and regularly established district for one 
year, shall be, and is hereby declared to be, a legal school 
district; and all district officers shall hold office until their 
successors are qualified. When school districts of the 
second (2d) class shall attain a school population of one 
thousand (1,000) or more, as shown by the annual census, 
at the next regular election thereafter, as provided in sec- 
tion forty-four (44) of this act, there shall be elected one 
(1) director for three (3) years, and one (1) director for 



STATE OF GOLOEADO. 27 

four (4) years, and one (1) director for five (5) years, and 
annually thereafter one (1) director for five (5) years, as 
provided for in districts of the first (1st) class; and the 
persons so elected, together with the directors whose 
official terms have not expired, shall constitute the new 
board, which board shall enter upon the duties i^rescribed 
by law for boards of directors of districts of the first (1st) 
class. 

Sec. 43. All school districts now formed, or which whatiegaiiy 
may hereafter be formed, which shall continue to exer- msufct!*^^ ^ 
cise, undisputed, the prerogatives and enjoy the privi- 
leges of a legally formed district, for the period of one 
year next succeeding the election of its officers, shall be 
deemed to be a legally formed district, and its legality 
shall not thereafter be questioned. 

Sec. 44. The regular election for electing members of Annual 
school boards shall be held annually in each district on the ®^®°*^°°- 
first Monday in May at which time it shall be lawful to 
transact any business x^ertaining to schools and school 
interests. The secretary of each school board shall cause Notice. 
written or printed notices to be jposted, specifying the day 
and the place or places of such election, and the time dur- 
ing which the ballot-box or boxes shall be kept open, not Baiiot box 
less, however, than three hours, and further s^Decif ying at hours!*'^'''* 
what hour and place any other business shall be transacted. 
Said notices shall be posted in at least three public places 
in the district, one of which shall be the school house, if 
there be one, at least six days previous to the time of elec- 
tion; and in districts of the first class said notice shall be 
published weekly for the four weeks next preceding such 
election, in some newspaper published in the district, and 
if there be no paper published in such district, then in a 
paper published in an adjoining district. If the secretary Notice by 
fail to give such notice, then any two (2) legal voters ^'^^ '*'°*®'''^' 
residing in the district may give such notice over their 
own names, and such election may be held after the day 
fixed by this act for such election. All elections shall be au elections 
by ballot, and in the absence of a notice specifying the ^^ '^^^lo*- 
hour, the ballot-box shall be opened at nine (9) o'clock, 
A. M., and closed at four (4) p. M. In districts of the first More than one 
class, the school boards may order more than one voting TniS^cfass"' 
place in the district, fix the voting i)laces and the limits of '^i^*"*=*®- 
the voting precincts, and appoint three (3) judges and Judges and 
necessary clerks for each voting place, in addition to those ''^®^^®' 
provided for in Section 45. 



28 



SCHOOL LAW OF THE 



Who are voters, 



Sex no dis- 
qualification. 



Challenge. 



Oath. 



Judges of 
election. 



Counting the 
votes. 



Special 
election. 



Sec. 45. Every elector legally qualified to vote at a 
general election, having been a resident of the school dis- 
trict for thirty (80) days next preceding the day of elec- 
tion, shall be entitled to a vote; Provided, That no jDerson 
shall be denied the right to vote at any school district 
election, or to hold any school district oflEice on account of 
sex. Any person offering to vote may be challenged by 
any legally qualified elector of the district; and any one 
of the judges of election shall thereupon administer the 
person challenged an oath as follows: "You do swear (or 
affirm) that you are a citizen of the United States, or that 
you have declared your intention to become such; that 
you have resided in this State of Colorado six months 
immediately preceding this election; that you are twenty- 
one years of age; that you have resided in this district 
thirty days next preceding this election and that you have 
not voted at this election, so hel]3 you God (or under the 
pains and penalties of perjury)." If he shall refuse to 
take such oath or affirmation, his vote shall be rejected. 
Any person guilty of voting illegally shall be ijunished as 
provided in the general election law of this State. The 
president, secretary and treasurer of the district school 
board shall act as judges of the election except as other- 
wise provided in Section 44, and should any of the judges 
be absent at the opening of the polls, the electors present 
shall appoint a legal voter to fill the vacancy; Provided., 
hoivever, That at all elections held for voting upon a 
prox^osition to create or contract a debt ])y loan for the 
purpose of erecting or furnishing school buildings, or pur- 
chasing school grounds, only such qualified electors of the 
district shall vote thereat as shall have paid a school tax 
in such district for the year next preceding such election. 

Sec. 46. Immediately after the closing of the polls, the 
judges shall meet at one of the voting jDlaces as shall have 
been previously designated by the school board, and shall 
proceed to count the votes, and the xjerson or persons 
qualified to be elected who shall receive the largest num- 
ber of votes, shall be declared elected, and a rejport of the 
said election signed by the judges shall be transmitted to 
the school board. If, for any cause, no election be held at 
the regular time, or if, ujjon counting the votes, there be 
a tie vote for any one or more of the offices, a sipecial elec- 
tion shall be called by the board within ten (10) days, 
and notice thereof given, as required in Section 44 of this 



STATE OF COLOEADO. 29 

act. A failure to give the prescribed notice of such special 
election shall render the election void. 

The general provisions of Sections 44, 45, 46, shall be 
applicable to all school elections, whether general or 
special, or for whatever purpose held. 

Sec. 47. The directors shall each, within twenty (20) oath of office, 
days after his or her election, a^Dpear before some officer 
authorized to administer oaths, and take oath that he or 
she will faithfully perform the duties of his or her office 
required by law, which oath shall be filed with the county where aied. 
superintendent ; and, in case of failure so to qualify, his vacancy, how 
or her office shall be deemed vacant, and the county super- 
intendent shall appoint a suitable person, who shall 
qualify immediately. If the amount of money liable to 
come into the hands of the treasurer, in the discharge of 
his official duties, exceed twenty dollars at any one time, 
he shall be required to give bond in double the amount of Treasurer's 
money liable to come into his hands, said bond to be 
approved by, and filed with, the county superintendent. 
The directors elect shall take office immediately after quali- 
fying, as aforesaid; Provided, That any district treasurer, 
who shall refuse to give bond as above, when required to 
do so by the other members of the board, shall be dis- 
qualified from receiving any money on district account 
until a satisfactory bond is executed. The oath of oflice 
required in this section may be administered by a i3resi- 
dent of a school board; and it is hereby made the duty of 
the district treasurer of all first-class districts to publish, 
semi-annually, in some newspaper published within the 
county wherein such district may be located, a complete 
and full report of all receipts and expenditures of the said 
district's funds. 

Sec. 48. Any school board shall have power to make By-iaws by 
such by-laws for their own government and for the gov- *^^ ^°'^^'^' 
ernment of the public schools under their charge, as they 
may deem expedient, not inconsistent with the provisions 
of this act, or the instructions of the Superintendent of 
Public Instruction. District boards of the first class shall vacancies in 

IT j_ mi i-n • districts of 

also have power to nil any vacancy which may occur m first class, 
the board, until the regular election, at which time the 
vacancy shall be filled for the unexpired term. 

Sec. 49. It shall be lawful for any school district innoidreai 
this State to take and hold, under the provisions of chap- *'**'**''• 
ter thirty-one of the Revised Statutes, so much real estate 
as may be necessary for the location and construction of 



30 



SCHOOL LAW OF THE 



Regular 
meetings. 



Special 
meetings. 



Powers and 
duties of 
boards. 



Emploj-ment 
and discharge 
of teachers, etc, 



Compensation 
of secretary. 



Fix course 
of study. 



Text books. 

One kind in 
same branch. 



Not changed 
in less than 
four years. 



School 
fxirniture. 



Houses. 



To build 
or remove. 



Suspend or 
expel pupils. 



a school-house and convenient use of the school; Pro- 
vided, That the real estate so taken, otherwise than by the 
consent of the owner thereof, shall not exceed one acre. 

Sec. 50. The regular meeting of each board shall be 
held on the last Saturday of March. June. September and 
December. The board may. however, hold such other 
regular, special or adjourned meetings as they may from 
time to time determine, or as may be specified in their 
by-laws. 

Sec. 51. Every school board, unless otherwise espec- 
ially provided by law. shall have power, and it shall be 
their duty: 

First — To employ or discharge teachers, mechanics or 
laborers, and to fix and order paid their wages; to deter- 
mine the rate of tuition for non-resident pupils, and to 
fix the compensation to be allowed the secretary for the 
time necessarily spent in the service of the district, as 
required by law, or as directed by the board; Provided, 
It shall be unlawful to pay any other member of the 
board, from the district funds, for his services as a mem- 
ber of such board. 

Second — To enforce the rules and general regulations 
of the State Superintendent, to fix the course of study, 
the exercises and the kind of text books to be used: 
Provided, That but one kind of text-book of the same 
grade or branch of study shall be used in the same depart- 
ment of a school, and that after the adoption of any book, 
it shall not be changed in less than four years, mdess the 
price thereof shall be unwarrantably advanced, or the 
mechanical quality lowered, or the supply stopped. 

Third — To provide for school furniture, and for every- 
thing needed in the school-house, or for the use of the 
school board. 

Fourth — To rent, repair and insure school-houses. 

Fifth — To build or remove school-houses, and to pur- 
chase or sell school lots, when directed by a vote of the 
district so to do. 

Sixtti — To hold in trust for their district all real or per- 
sonal property for the benefit of the school thereof. 

Seventh — To suspend or expel pupils from school, who 
refuse to obey the rules thereof, and to exclude from 
school children under six years of age. 



STATE OF COLOEADO. 31 

Eighth— To determine the number of teachers that Number of 
shall be employed, and length of time over and above *®^'''^®'^^" 
three (3) months that the school shall be kept; to fix the Length of 
time for the opening or closing of schools, and for the lohooi hours, 
dismissal of primary pupils before the regular time for 
closing of schools. 

Ninth — To provide books for indigent children, on the indigent 
written statement of the teachers that the parents of such ci^ndren. 
children are not able to purchase them, and to furnish free 
text- books for the use of all pupils, when authorized to do 
so by a majority vote of the district, as expressed at any 
regular or special meeting. 

Tenth — To require all pupils to be furnished with the Books. 
proper and suitable books as a condition of membership 
in school. 

Eleventh — To exclude from school and school libraries immoral] 
all books, tracts, papers and other publications of an im- books. 
moral or pernicious tendency. 

Twelfth — To require teachers to conform to the law. 

Thii^teenth — To make an annual report, as required by Annual report. 
law, to the county superintendent, on or before the first 
day of August of each year, in the manner and form and 
on the blanks prescribed and furnished by the Superin- 
tendent of Public Instruction. 

Foiirteenth — To make a report directly to the State Report to state 
Superintendent, whenever instructed by him so to do. superintendent. 

Fifteenth — Whenever a pupil resident in one district Admit pupiis 
desires to attend school in another district, such pupil d™trictl''.°"^''^^ 
shall be permitted to do so; Provided, That the board ' 
may refuse to admit pupils from other districts upon the 
ground of insufficient room. 

Sec. 52. The school board of districts of the first and Board may 
second classes shall have the power to establish a separate schooh*^ ^*^^ 
high school whenever they shall deem it expedient or 
necessary, and shall have power to determine the qualifi- 
cations for admission to such schools, and shall exer- 
cise all the powers with reference to such high school 
which are accorded to them in relation to the schools of 
lower grade; Provided, That no school board shall build no building 
or lease any building especially for such high school, of ^he'diltrict. 
unless authorized to do so by a vote of the district, as pro- 
vided in section sixty-two (62) [63] of this act. 

Sec. 53. The president, when present, shall preside Duties of 
at all meetings of the board and of the district, shall t'^'^^ident. 



82 



SCHOOL LAW OF THE 



Vnoniic.v in 
soliool bonnl. 



Secretiirj- shnll 
give bonds. 



Polivor to suc- 
oessor in otHco 
nil property. 



Bond to bo 

(iljprovoil. 

Seorotnry to 

record nil 

proceedings. 

Preserve 

copies. 

File nil papers 

trnnsmitled to 

him. 

Countersis;;n 

wnrrnnts. 

Keeii roKistor 

of till orders 

drawn. 

Transmit a 
statement. 



Take census. 



Bona fide 
residents. 



Census shall 
be sworn to 
as correct. 



sit^n all orders on the oouiity treasurer for the payment 
of money; Proridcd, That no orders shall be drawn 
npon the eonnty treasurer exeept in favor of ])arties to 
whom the district has l)eeome lawfully indebted. He 
shall appear in behalf of his district in all suits br()u,ij:ht 
by or against the same, but when he is indivicUially in- 
terested, this duty shall be performed by the secretary, 
and in the absence of the president, the secretary shall 
l)reside at board and tlistrict meetinns. Absence from the 
district of any school ofiictn\ when prolonu'eil beyond thirty 
days, may be held to wcn'k a vacancy in said office, which 
may be filled according to law. 

Sec. 54. Before entering upi)n the duties of his office, 
the secretary shall execute a bond, with two sureties, in 
the penal sum of fivt> hundred (500) dollars in districts of 
the jfirst and second classes, and the penal sum of one hun- 
dreil (100) dollars in districts of the third class, conditioned 
upon the faithful discharge of his official duties and the de- 
livery of all district jjroperty pertaining to his office over to 
his successor, within ten days after a demand is made for 
the same by a qualified successor, saiil bond to be approved 
by and filed with the county superintendent. The secre- 
tary shall record all proceedings of the board and of 
district meetings in a book, or books, kept for that pur- 
pt)se; shall preserve copies of all reports made to the State 
or county superintmulents; shall file all papers transnntted 
to him by other school officers pertaining to the Inisiness 
of the district; shall draw and countersign all warrants or 
orders issued by the board; shall keep a registei or stub 
of all orders drawn, showing the number of the order, 
date, amount, in whose favor and for what purpose drawn, 
lunnediately after the election of one or more directors 
according to law, he shall transmit to the" county superin- 
tendent a statement giving the name and postotfice ad- 
dress of the president, secretary and treasurer, respectively, 
of the boards of directors. Between the tenth day of April 
and the first day of May, in each year, the secretary, or 
some person authorized by him, shall take a census of all 
persons over six years and uniler twenty-one years of age 
who were boiui Jidc residents of the district on the tenth 
day of April aforesaid. The names so listed shall be ar- 
ranged alphabetically, and be so classified as to distinguish 
between nuile and female. The census list shall be SM-orn 
to as correct by the person taking the same. and. if such 
person be other than the secretary, shall be certified by 



STATE OF COLOEADO, 33 

the secretary, and shall be forwarded to the county super- List shaii be 
intendent on or before the first day of June of the current toTOunty 
school year. In districts of first and second classes a copy superintendent, 
shall be delivered to the principal teacher, or sux)erin- a copy, 
tendent of the district, and in all cases a copy shall be 
retained in the ofiice of the secretary. 

Sec. 55. The census list of the several districts shall List to be 

, p -,-, -Ti 11J1 L examined and 

be careiully examined and compared by the county super- compared by 
intendent, and if the name of the same person be found inten^deTtr"^" 
upon more than one list, he shall strike said name from 
all lists except that of the district in which such person 
was residing in good faith on the tenth day of Ax^ril afore- 
said. The residence of an unmarried x^erson of school age Residence of 
shall, in all cases, be held to be identical with the bona fide ^^^o^,'''^ 
residence of the parent or guardian of such person; Pro- 
vided, That such parent or guardian be a resident of the 
State. If the county su]Derintendent find upon any census 
list the names of any persons who he believes were not 
residents in good faith of such district as aforesaid, he 
shall notify the secretary certifying the list, and, if said 
secretary shall not establish the correctness of the list 
within fifteen ( 15 ) days after such notification, such names 
shall be stricken from the list. At the time of taking the Additional 
annual census, the secretary shall use reasonable diligence 
to ascertain the number of blind and deaf mute persons BUnd and 
resident in the district, between the ages of four (4) and '^'^''^ "'''*'''• 
twenty-two (22) years, with the name and post-office ad- 
dress of each. Said items shall be embodied in his annual 
report to the county superintendent. 

Sec. 56. The secretary shall keep an accurate account secretary's 
of the expenses incurred by the district, and shall present 
the same to the board whenever called upon. He shall Give notice 
give the required notice of all regular and special meet- 
ings, as herein authorized. On or before the first day of Annual report. 
August of each year he shall make out and file in the office 
of the county su]3erintendent a report of the affairs in his 
district. Said report shall be made upon blanks x^repared 
by the Sux^erintendent of Public Instruction containing 
such items of information as the said Superintendent 
shall require, including the following, viz: 

First — The number of persons, male and female, each, items. 
in his, district between the ages of six (6) and twenty- 
one (21) years. 

Second — The number of schools and the branches 
taught in each. 

3a 



34 



SCHOOL LAW OF THE 



Forfeit for 
failure. 



Render state- 
ment to board. 



Books always 
open. 



Duties of 
treasurer. 



Third — The number of puj)ils in each school. 

Fourth — The number of teachers employed in each 
school, and the compensation of each per month. 

Fifth — The number of days the school was taught 
during the year then past, and by whom. 

Siocth — The number of pupils enrolled during the year; 
the average daily attendance. 

Sevenili — The average cost of school per month for each 
pupil, based upon the total enrollment, and also the 
average cost based upon the average daily attendance. 
In estimating these averages, the secretary shall take 
account of the teachers' wages, all current expenses, and 
six per cent, interest upon a fair valuation of all property 
belonging to the district. 

Eightti — Text books used in each school. 

Ninth — The number of volumes in the library of each 
school. 

Tcnili -The aggregate amount paid teachers during the 
year, and the average monthly pay of teachers. 

Elevcntli — The number of public school-houses, and 
the estimated value of each. 

TwelftJi — The amount raised by tax in the district 
during the year for school library. 

Tliirtrcnth ~ The amount raised by subscription, or by 
other means than tax. 

Fourteenth — The amount of special tax levied for the 
support of schools, and for buildings, sites and furniture. 

Fifteontli — The amount of money on hand at the begin- 
ning of the year then past. 

Sixteentli — ^The amount of money received from all 
other sources than those herein specified. 

Should the secretary fail to tile his reptn't, as above 
directed, he shall forfeit the sum of one hundred (100) 
dollars, and shall make good all losses resulting to the 
district from such failure. 

Sec. 57. The secretary shall render a statement of the 
condition of the finances, as shown by the books, at any 
time when required by the school board, and his books 
shall always be open for inspection. 

Sec. 58. It shall be the duty of the treasurer to coun- 
tersign all warrants drawn by the president and secretary 
on the county treasurer, in favor of parties to whom the 



STATE or COLOEADO. 35 

district has become lawfully indebted, and to keep an 
account of the same. He shall take charge of all moneys 
received by him on account of the district from the county 
treasurer, as provided in sections ninety-one and ninety- 
two of this act, and pay out the same as therein provided. 
He shall render a statement of the finances of the district, 
as shown by the records of his office at the close of each 
school year, and at any other time when required by the 
board. For a failure to perform any of the duties of his penalty. 
office when directed by the board, or for refusing or neg- 
lecting to deliver to his legally qualified successor all 
moneys, books or other district property in his possession 
or care, within ten days after the same shall have been 
demanded by such successor, he shall be liable on his 
bond, and shall make good all loss resulting to the district 
from such failure or neglect. 

Sec. 59. No superintendent or district officer shall Neglect of 
receive any compensation, who has neglected or refused demeam)^' 
to perform any duty required by law, and any district 
officer so neglecting or refusing, when specially directed 
by a majority of the district board, shall be deemed guilty 
of a misdemeanor, and it shall be deemed a violation of 
law for any person to draw or sign a warrant for the pay- 
ment of such delinquent officer, and any person so signing 
a warrant shall be liable in double the amount of such 
warrant. 

TEACHERS. 

Sec. 60. No district board shall employ any person to shaii not 
teach in any of the public schools of the State, unless clrtm^te.''"* 
such person shall have a license to teach, issued from the 
proper district, county or state authority, and in full force 
at the date of employment; and any teacher, who shall 
commence teaching in any such school without such license, 
shall forfeit all claim to compensation out of the school Forfeit, 
fund for the term so teaching without such license. And 
if a teacher's license shall expire by its own limitation Expiration of 
within a term of emiDloyment, such expiration shall not to^gtifptctiooi. 
have the effect to stop the school, or stop the teacher's 
pay; Provided, That a teacher whose certificate so expires, 
if the term of school for which such teacher is employed 
extends more than one month after such expiration, shall 
secure a new certificate, or a renewal of the old one held 
while the same is in force. And, provided, fui'ther. That 
a certificate shall not be required of persons employed to 
teach either music, drawing, or modern languages only. No 



86 



SCHOOL LAW OF THE 



Not dismissed 
without cause. 



Daily register. 



Report to tlie 
secretary. 



Shall notify 
county super- 
intendent of 
commence- 
ment and close, 



Blanks. 



teacher shall be dismissed without good cause shown, and 
such teacher shall be entitled to receive pay for services 
rendered. 

Sec. 61. It shall be the duty of the teacher of every 
public school in this State to keej). in a neat and business- 
like manner, a daily register in such form and ujDon such 
blanks as shall be prepared by the Superintendent ot' 
Public Instruction. At the close of each term of school, 
not to exceed four months, the teacher shall fill the sum- 
mary in such register, and, in ungraded schools, file the 
register with the secretary of the district, who shall pre- 
serve the same; in graded schools the register aforesaid 
shall lie filed with the principal or superintendent of the 
district, in which case said principal or superintendent 
shall make an abstract of the summaries of all such reg- 
isters upon blanks prepared by the Superintendent of 
Public Instruction, and file the same with the secretary, 
which shall also be preserved. The teacher, i^rincipal or 
suiDcrintendent, as the case may be, who is in charge of 
the last term of school in any school year, shall file with 
the secretary a summary of the statistics for the year, as 
shown by the summarized reports of all the terms during 
the year. The principal teacher of every public school, 
within one week after the beginning of each term, shall 
notify the county superintendent of the date of such begin- 
ning and the proposed length of the term. Nothing in 
this section shall be construed to prohibit any district 
board from requiring teachers, i^rincipals and superin- 
tendents to keep any additional registers and records of 
statistics which such board may deem desirable. Until 
the registers, summaries and abstracts herein above 
described have been filed as aforesaid, it shall be unlawful 
for the officers of any district to draw a warrant for the 
last month's salary of any teacher, principal or super- 
intendent whose duty it is to make and file such register, 
summary or abstract. All blanks required in the execu- 
tion of this section shall be supplied by the Superintendent 
of Public Instruction to county superintendents, and by 
them to district secretaries. 



SPECIAL DISTRICT MEETINGS. 

Directors to Sec. 62. In any district of the third class, the board of 

ciassdistricts. dircctors may at any time call a special meeting of the 

electors of such district, for any of the pur^joses specified 

in section sixty-two (62) [sixty-three] of this act, and it 



STATE OF COLORADO. 37 

shall be their duty to call such meeting, if petitioned so to Ten voters 
do, by ten (10) legal voters of the district. Notices, speci- '"''^ p"**"*"^- 
fying the time, place and object of such meeting, shall be items.' 
posted in three (3) public places, one of which shall be at 
the place of meeting, at least twenty (20) days prior to the Twenty days, 
time of holding such meeting. 

Sec. 63. The qualified electors of districts of the third powers of 
class, when assembled at any regular or special meeting ®^''<'*°''s- 
shall have power: 

First — To appoint a chairman and secretary in the items, 
absence of the regular officers. 

Second — To adjourn from time to time, as occasion may 
require. 

Third — To fix the site for each school-house, taking 
into consideration in doing so the wants and necessities of 
the people of each iDortion of the district. 

Fourth — To order such tax on taxable property of the 
district as the meeting shall deem sufficient for any of the 
following purposes: To pay teachers; to purchase or lease 
a suitable site for a school-house or school-houses; to 
build, rent or purchase a school-house or school-houses 
and to keep in repair and furnish the same with the nec- 
essary fuel and appendages; for procuring libraries for 
the schools, books and stationery for the use of the board 
and district meetings, and to defray all other contingent 
expenses of the district. 

Fifth — To direct the sale or other disposition to be 
made of any school-house, or the site thereof, and of such 
other property, real or personal, as may belong to the dis- 
trict, and to direct the manner in which the proceeds 
arising therefrom shall be applied. 

Sixth — To transact generally such business as may 
tend to promote the cause of education, in accordance 
with the provisions of this act. 

Seventh — To adopt any rules of order for the govern- 
ment of district meetings not incompatible with the pro- 
visions of this act, and to alter and change the same from 
time to time, as occasion may require. 

Sec. 64. The county commissioners shall, at tlie time county com- 
of levying the tax for county puri^oses, cause to be levied ^aiT ™vy tax. 
a tax for the supx^ort of the schools within the county, of 
not lesss than two (2) mills on the dollar, of the assessed Not less 
value of all taxable property, real and personal, within the ^^^^ ^ °^'^^^- 



;{8 



SCHOOL LAW OF THE 



Ti'onsuror 
sliiill collect. 



C'ouiity siipcr- 
liitcndt'iit 
certify to 
cimuty coiii- 
iiiissldiicrs. 



Special tux fur 

DlllCICXlKMlSCS 



Not to nxcccit 
Ave iiiilU. 



doiiiily clcrli 
must levy with 
or without 
onler of 
eoiumissloneis 



I'oi-reit for 
liillui-e to levy. 



C^ounly treiis- 
iirer ti> certify 
imiouiit 
collecte.l to 
co\mtv suiicr- 
iiiteiuleut 
iiuarterly. 



IVIiiuiuenI 
taxes. 



couiily, wliicli tax shall ho colliH-tecl by tho eoiinty troas- 
uri'r at Hr' same time, and in the same manner, as state 
and connty taxes are collected, except that it shall be 
nH'eivable only in cash. It is hereby made the duty of 
the county superintendent of schools to certify to the 
board of county commissioners at this tinu^ the amount of 
iM<)iu>y needed per C(ipif(t. to enable each school district in 
ihv county to maintain a i)ul)lic school four (1) months in 
t>ach year, as nHjuirci.! by law. In niakinj^ his (\stimate, 
tht> county sup(M"inttMulcnt shall not takt^ into consiilcra- 
tion districts whose school population shall be h^ss than 
tiftccn (lo). as shown by the school ct^nsus precediuij^ the 
time of making- the levy. He shall use as a basis for 
making his estimate the sum of forty (40) dollars per 
month foi- th(^ teacher's salary. All other expenses of the 
school must be providetl for by the board of directors by 
siHH'ial tax. It is hereby made the duty of the county 
commissioners to increase the minimum rate of two (2) 
mills, to what shall be rtniuiretl for the purpose as stated 
as above; Proridi'd, That sui-h tax levy shall in no case 
^^\ceed tiv(> (5) mills; Proridcd fiirihcr. If any school dis- 
trict shall fail to certify a sjjccial tax for other expenses of 
the district necessary to maintainiuii; a public school each 
year, as provided for in Section 77, the county commission- 
ers shall cause the same to be levied. 

Sec. ()"). No county clerk, or other i^erson, who shall 
make out the tax-list or asst>ssnu'nt roll of any county, 
shall omit ov nei^lect to levy said tax of two (2) 
mills, as aforesaid, by reason of the onnssion of the board 
of county commissioners to pass a resolution for that pur- 
pose. Failure to levy a tax of at least two (2) mills, as 
above spin-itied, shall be deemed a violation of the law, 
and the persi)n or persons through whose neijlect or 
refusal tlu' failure so to levy shall occur, shall forfeit the 
sum of oiu> hundred ( 100) ilollars each, anil be liable for 
all danuin't's nvsidtin^- h\m\ such neglect or failure. 

Sec. ()(). The county treasurer shall, on or before the 
tirst day i>f January, April, July and October of each year, 
certify*tlu> amount of said tax which shall have been col- 
lecteil, and tlu^ amount of any t)ther county school money 
then in the I'ounty treasury, to the county superintendent, 
and shall render him a statement of the amount uncol- 
lected. The amount unpaid shall be colU'cteil at any sub- 
stnpient time as clcliiU[Uimt taxes nvc collected, anil shall 
be certitied to the county superintendent, as aforesaid. 



STATE OF COLORADO. 39 

Should the treasurer fail at any time to pay over the tax, Forfeit unci 
as herein provided, he shall forfeit the sum of one hundred '^"™"^*''''- 
(100) dollars, and double damages, to be collected on his 
ojfficial bond; suit to be brought by the county superin- 
tendent, for the benefit of his county [school fund]. 

Sec. 67. On or before the day designated by law f (jr ^^«i;of'i |'0'"'i« 
the commissioners of each county to levy the requisite commwHionerH. 
taxes for the then ensuing year, the school board in each 
district shall certify to the county commissioners the num- 
ber of mills per dollar which it is necessary to levy on the 
taxable prcjperty of the district, to raise a special fund for 
any of the purposes specified in section fifty-one of this 
chapter, and the county connnissioners shall cause the 
same to be levied at the same time that other taxes are 
levied, and the amount of such special tax which shall be 
assessed to each taxpayer of such district shall be placed 
in a separate column of the tax-book, which shall be 
headed "Special School Tax;" Provided, That a school I'lfteenmiiia 
board of a district of the third class shall not certify, as onhe tMr""'^ 
above, to a higher rate than fifteen mills per dollar. There ^^'^^'^' 
shall also be a column in said tax-book in whicli shall be separate 
designated the number of the school district in which the eachVi?strict. 
X)roperty is listed. .This tax shall be collected in cash only, 
and placed to the credit of the proper district as fast as 
collected, and the amount placed to the credit of each dis- 
trict shall be reported to the secretary of such district at 
the end of every month, and shall be subject to the order 
of the district board. It is hereby made the duty of the Duties of the 
county assessor and county treasurer to so arrange their IVwtT '^"'^ 
tax schedules and books as to conform to the above pro- ''^■"''■""'■''r- 
visions; Provided, Thai the county assessor shall list all where prop- 
Ijroperty, both real and personal, in the school district in "''^^ '" '"**^''' 
which the same may be on the first day of May; And, 
'provided, further, That the board of any district may Library tax. 
order the levy of not to exceed one-tenth of one mill, the 
jjroceeds of which shall be used exclusively in the pur- 
chase of books for a library, to be open to the i;)ublic, 
under such rules as the district board may deem needful 
for the proper care of the said library. 

Sec. 68. It shall be the duty of the county treasurer to county treas- 
open and keep separate accounts with each school district acooimt''wi'th"° 
in his county, and hold the funds of each district, subject """'^ '''•'*""*• 
to the legal warrants of the ijresident, as provided by sec- 
tion fifty-three of this chai^ter. If the legal warrant of 
any school district in his county be presented to the 



40 



SCHOOL LAW OF THE 



No funds. 



Interest on 

warrants stops. 



Fines under 
this law. 



Contempt 
of court. 



Estray. 



Forfeiture 
for failure 
to pay ovi'r. 



County super- 
intendent to 
look after 
fines, etc. 



coiinty treasurer when iliere are no funds in his hands to 
tlie credit of the district fund against which the warrant 
is drawn, he shall endorse such warrant "No funds," and 
said warrant shall draw interest from the date of such en- 
dorsement at the same rate as county warrants in like 
condition. The treasurer shall keep a list of all warrants 
so endorsed, and shall pay them whenever there is suf- 
ficient moiu^y t(j the credit of the proper fuiul in the order 
of such endorsement. The interest on such warrants shall 
sto}) when the treasurer shall ,u,-ive notice that he has funds 
to pay the same; Proridcd, It shall not be lawful for the 
officers of any district to issue warrants at any time in an 
amount in excess of the tax levy for the current year. 

PENAL FUND. 

Sec. ()9. All fines, penalties and forfeitures provided 
by this act may be recovered by action of debt, in the 
name of The People of the State of Coh)rado, for the use 
of the proper school district or county, and shall, when 
they accrue, belomi,- to the respective districts, or coun- 
ties, in which the same may have been incurred; and the 
county treasurers, for their counties, are herel)y author- 
ized to receive and cause to be placed to the })roper credit 
such forfeitures. Except as otherwise i^rovided by law, all 
sums of money derived from fines imposed for violation of 
orders of injunction, mandamus and other like writs, or for 
contempt of court, shall be paid into the school fund of 
the ct)unty wherein the contempt or such violation was 
committed; and the clear proceeds of all fines collected 
within the st>veral counties of the State for breach of the 
penal laws, ifiid all funds arisinu; from the sale of lost 
t^Dods and estrays shall be paid over in cash by the i^erson 
collecting the same, within twenty (20) days after the col- 
lection, to the county treasurer of the county in which the 
same have accrued, and shall be by him credited to the 
general county school fund. He shall indicate in such 
entry the source from which such money was derived. 
Any officer, or person, collecting or receiving any such 
fines, forfeitures or other moneys, and refusing and [or] 
failing to pay over the same, as required by law. shall for- 
feit double the amount so withheld, and interest thereon 
at the rate of five (5) per cent. i)er monlh during the time 
of so withholding the same; and it shall be a special duty 
of the county superintendent of schools to supervise and 
see that the provisions of this section are fully comj)lied 



STATE OF COLOEADO. 41 

with, and report thereon to the county commissioners 
semi-annually, or oftener, if required by them. 

Sec. 70. It shall not be lawful for a district or a dis- Eeconsidera- 
trict board to reconsider the question of the levy of a*'°'^' 
special tax after the same has been certified to the county 
commissioners, nor shall said commissioners be charged 
with any discretion in the matter of such levy further than 
to ascertain if the law has been obeyed. 

Sec. 71. It shall be illegal for any school board to what funds 
ajDpropriate or cause to be used any money belonging toj^edfor''^ 
the general school fund, for the jjurpose of building, fur- ^"^^fii^s- 
nishing or erecting additions to any school-house, or for 
the purchase or improvement of any school-house, site or 
lot ; Provided, That if any portion of the aforesaid school Balance, after 
fund remains to the credit of any district after the pay- gohwiT**^^' 
ment of all expenses necessary to the support of a public 
school for a period of ten months in any one year, in said 
district, it shall be lawful for the district board to use such 
balance for any of the purposes provided for in section 
fifty-one of this chapter. 

APPORTIONMENT OF SCHOOL FUND. 

Sec. 72. In apportioning the general fund, as directed .Tuiy appor- 
in section nineteen of this chapter, the county superin- *^°"™'^"*" 
tendent shall base the July apportionment, in each year, 
on the census lists and reports of the secretaries of the 
several districts for the school year next preceding, and he 
shall base all apportionments on said lists and reports for 
a jDeriod of one year, except in the case of the apportion- 
ment to new districts, as provided in section thirty-two of 
this chajDter. , 

Sec. 73. The county superintendent shall apportion Apportioned 
the funds aforesaid among the districts entitled to the census!"^ *° 
same, according to the number of persons of school age, as 
shown by the census lists and reports of the several dis- 
tricts for the school year immediately preceding, as pro- 
vided in section seventy-two. 

Sec. 74. Whenever a district secretary fails to file his Forfeiture 
annual report and census list with the county superin- gfite supe?- 
tendent, according to law, thereby rendering it impossible i^tendent. 
for the said superintendent to api^ortion to such district 
any part of the general fund for the ensuing year, if it can 
be shown to the satisfaction of the Superintendent of Public 
Instruction that such report and census list were prepared 
and reasonable diligence used to place the same in the 



42 



SCHOOL LAW OF THE 



hands of the county superintendent, and that such report 
and census list failed to reach said superintendent by 
reason of some accident or extraordinary occurrence; and 
if it be further shown that a public school was maintained 
in such district for not less than the minimum time re- 
quired by the State constitution; and if it be also shown 
that duplicates of the missing papers have been placed in 
the hands of the county superintendent, or in his office, 
then the Superintendent of Public Instruction shall direct 
the county superintendent to apportion to such district its 
per capita share of the general fund distributed during 
the remainder of the year, as provided in section seventy- 
two. 
No district eu- Sec. 75. Any scliool district failing to maintain a 

Suiess*?t'ha"tt*^ ])ublic scliool at least three months of any school year, 
si'xt'y"iuys'hoii- sliall uot Ije entitled to receive any portion of the school 

.lays iuchuUnl. f^^^^J j-',^j. |^|^j^^^ ypg^j._ 



Public school. 



Public schools 
open for all 
children 
between the 
ages of six 
aud "21 years. 



School taught 
iu the English 
language. 



German and 
Spanish taught 
by re(iuest. 



SCHOOLS. 

Sec. 76. A public school is hereby defined to be a 
school that derives its support entirely, or in part, from 
moneys raised by a general State, county or district tax. 

Sec. 77. Every public school, except high schools, 
shall be open for the admission of all children between the 
ages of six (6) and twenty-one (21) years residing in that 
school district during at least four school months in each 
year, and the school board shall have power to admit 
adults, and children not residing in the district, if they see 
fit so to do, and to fix the terms of such admission. 

Sec. 78. The public schools of this State shall be 
taught in the f^nglish language, and the school boards 
shall provide to have taught in such schools the branches 
specified in section fifteen of said chapter, and such other 
branches of learning in [and] other languages as they 
may deem expedient, including hygiene with special ref- 
erence to the effects of alcoholic stimulants and narcotics 
upon the human body; and whenever the parents or 
guardians of twenty or more children of school age shall 
so demand, the board of such school district may procure 
efficient instructors and introduce the German and Spanish 
languages, or either of them, and gymnastics, as a branch 
of study into such school; and said district board may, 
upon like demand of the parents and guardians of children 
of school age, procure efficient instructors to teach the 
branches specified in said section fifteen, in the German 



STATE OF COLORADO. 43 

and SiDanish languages, or in either of sucli languages as 
said board may direct. 

Sec. 79. The school year shall begin on the first day school year, 
of July and end on the thirtieth day of June. A school Month, 
month shall be four weeks, a school week five days, and a Day. 
school day shall not exceed six hours, excluding the time 
of intermission at noon. The term "National Holidays," Legal holidays. 
in this chapter, shall be construed to mean Thanksgiving- 
Day, Christmas Day, New Year's Day, Washington's Birth- 
day, Decoration Day, Labor Day and the Fourth day of 
July. Election day in November. ( See election law of 1891 . ) 

• Sec. 80. A school census is hereby defined to be a school census, 
census embracing all persons between the ages of six and 
twenty-one years. School age is hereby defined to be any school age. 
age over six and under twenty-one years. 

teachers' normal institutes. 

Sec. 81. For the purpose of organizing and maintain- Dmdedinto 
ing teachers' normal institutes, the State shall be divided 
into the following institute districts viz : The counties of classified. 
Sedgwick, PhilliiDs, Logan, Yuma, Washington and Mor- 
gan to constitute normal district No. one (1). The 
counties of Weld, Larimer and Boulder to constitute nor- 
mal district No. two (2). The county of Arapahoe to 
constitute normal district No. three (3). The counties of 
Gilpin, Clear Creek and JefPerson to constitute normal 
district No. four (4). The counties of Douglas, Elbert 
and El Paso to constitute* normal district No. five (5). 
The counties of Kit Carson, Lincoln and Cheyenne to 
constitute normal district No. six (6). The counties of 
Fremont, Custer and Pueblo to constitute normal district 
No. seven (7). The counties of Kiowa, Otero, Bent, Prow- 
ers and Baca to constitute normal district No. eight (8). 
The counties of Huerfano and Las Animas to con- 
stitute normal district No. nine (9). The counties of 
Saguache, Costilla, Conejos and Rio Grande to constitute 
normal district No. ten (10). The counties of La Plata, 
Montezuma, Archuleta, Dolores and San Juan to consti- 
tute normal district No. eleven (11). The counties of 
San Miguel, Ouray, Hinsdale, Mesa, Delta, Montrose and 
Gunnison to constitute normal district No. twelve (12). 
The counties of Chaffee, Lake, Park, Pitkin, Eagle, Sum- 
mit, Garfield, Eoutt, Rio Blanco and Grand to constitute 
normal district No. thirteen (13). Provided, That new 
counties formed within the limits of any institute district 



44 



SCHOOL LAW OF THE 



Held ;vnniially. 



Executive 
committee. 



One dollar 
registration fee, 



Five per cent, 
added to 
standing. 



County com- 
missioners to 
appropriate $2 
for each person 
attending. 

Normal insti- 
tute fund. 



Custodian. 



Appropriations 
payable to 
custodian. 



shall be a part of said district. A normal institute for the 
instruction of teachers and those desiring to teach may be 
held annually for a term of not less than two weeks in 
each normal district of the State. The county superin- 
tendents of each institute district shall annually select not 
more than three of their number as an executive com- 
mittee, who, with the advice and consent of the Superin- 
tendent of Public Instruction and the president of the 
State Normal School, shall determine the time and place of 
holding such normal institute, and shall select a conductor 
and instructor for the same. To defray the expense of 
said institute the executive committee shall recjuire the 
payment of one dollar registration fee for each person 
attending the normal institute, and each county sui^erin- 
tendent is hereby authorized to add five per cent, to the 
average standing in examination of teachers who shall 
attend the normal institute from his county. When a 
normal institute of not less than two weeks is held in any 
institute district of the State the executive committee in 
charge shall certify to the boards of county commissioners 
of the several counties within the district the number and 
names of the persons attending said institute from their 
respective counties, and it shall be the duty of the board 
of county commissioners of the county where such persons 
belong to appropriate the sum of two dollars for each 
person so certified. The funds arising from registration 
fees and appropriations of county commissioners shall be 
designated the ''Normal institute fund," and some county 
treasurer, whom a majority of the county superintendents of 
the district shall designate, shall be the custodian of said 
funds. The executive committee shall, at the close of each 
institute, transmit to said custodian all funds received by it 
as provided in this section together with the name of each 
person paying a registration fee. The executive committee 
shall also report to the several boards of county commis- 
sioners in the district the name and address of the custo- 
dian of the "Normal institute fund." On the receipt of 
such notice the several boards of county commissioners 
shall issue warrants for the appropriations provided in 
this section, payable to the said custodian. It shall be the 
duty of the Superintendent of Public Instruction, annually, 
when the executive committee of any normal institute dis- 
trict shall certify that not less than twenty persons have 
paid the registration fee, and have received instructions 
during the session of the institute, to certify the same to 
the Auditor of State, who shall forward to the custodian of 



STATE OF COLOEADO. 45 

the "Normal institute funcr' of such district a warrant on Auditor to 
the State Treasurer for the sum of fifty dollars, to be paid Sale treas- 
out of any money appropriated for that purpose. All dis-"'®^^"^ *'''^' 
bursements of the ''Normal iUiStitute fund" shall be upon ah disburse- 
the order of the executive committee, and no order shall JSTxecuMve^'^'^ 
be drawn on said fund except for claims approved by said committee. 
committee for services rendered and expenses incurred in 
connection with the normal institute. It shall be unlawful Quauficatious 

, p 11 • j^-j_ j_ £ T £ • of conductor 

to pay any one from the institute rund tor services as con- or instructor. 

ductor or instructor of such institute, who does not hold 

a certificate or qualification for such work, issued by the 

State Board of Education, upon the recommendation of 

the State Board of Examiners; Provided, That a member 

of the State Normal School faculty shall be ex officio a 

conductor of normal institutes. 

APPEALS. 

Sec. 82. Any person aggrieved by any decision or order Made within 
of the district board of directors, in matter of law or fact, * ^^^^ ^^^' 
may, within thirty days after the rendition of such de- 
cision, or making of such order, appeal therefrom -to the to county 
county superintendent of the proper county. superm 

Sec. 83. The basis of the proceeding shall be an affida- By affidavit. 
vit, filed by the party aggrieved, with the county superin- 
tendent, within the time for taking the appeal. 

Sec. 84. The affidavit shall set forth the errors com- set forth 

1 • 1 p • 1 • T • errors. 

plained or, m a plain and concise manner. 

Sec. 85. The county superintendent shall, within five Notify secre- 
days after the filing of such affidavit in his office, notify a^vetS'ys.''^ 
the secretary of the proper district, in writing, of the tak- 
ing of such appeal, and the latter shall, within ten days 
after being thus notified, file in the office of the county Transcript aied 
superintendent a complete transcript of the record and pro- "^^^^^ ^^'^ '^^y®- 
ceedings relating to the decision complained of, which shall 
be certified to be correct by the secretary. 

Sec. 86. After the filing of the transcript, aforesaid, in Notify aii 
his office, he shall notify, in writing, all persons adversely ^*^*"'^" 
interested, of the time and xDlace where the matter of the 
appeal will be heard by him. 

Sec. 87. At the time thus fixed for hearing, he shall Hear testimony 
hear testimony for either party, and for that purpose may decisions, 
administer oaths, if necessary, and he shall make such de- 
cision as may be just and equitable, which shall be final, 
unless appealed from, as hereinafter provided. 



4() SCHOOL LAW Ol' Till'. 

Aii.y iMMsoiis Skc. SS. Any [HM'son or dislrii't hoard Mu<iriovtHl by 

liny (M(U>r..f Miiy docisioii or order of tlu' coiinty siiperiiitendcnt, in 
intmui.ut'Inlii uuittcn- oi' liiw or Uwi, iiiny, within thirty days aftor tht> 
"'''"""'• rouditit)n of such iU>c'isi(Mi ov making- of smdi order, appeal 

thiM'efrom to the State Board of iOthication, in the same 
niannt>r as provided in this act tVtr takinu' a}ip(>als from tlie 
distrii't ln)ard to \ho eonnty snjHM-inttMident, as n(>arly as 
inoHHoof applieabK>. In ease of an appeal. whiM\> a trial has Ikhmi 
i'Imn"shai'i"" had l>efort> llu> <'onnty su|)erint(MuhM\t and a decision 
hw'isorii.i of riMuhn'ed, tlu' Stati> boanl shall examine a transcri])t of 
i'i'j|j''y^\"\'i|['^f'* such i)roceetlin,u' and render a det-ision therefrom, but no 
otiitMi-iis.-s new ti'stimony shall be adinittt>(h In other cast>s of ap- 
''/'"'!'""'■ Pt''>l tlu> board may riHiuin* of th(> i)arties such i)apers and 
im.iiio.u\ii.>iits. docunuMjts as may hv tlu)U,Liht ntH'i^ssary, and the board 
oil n\'.' "''"'" shall have powiM' to administtn- oaths through its president. 
nooLston of 'riie ilecision of the hoard, or a majority of said hoard, 
ir,."t!iuri."' shall Ih' rendeitnl l)y tlu' pr(>sident. and snt'h tleeision, 

,\i>i>iioiini for when ma(h\ shall he tinal. When an a[)pHt'ant for a cer- 
IiKKru'vlui, iiiii.v titieate at a r(\uidar »>xannnation shall t\>el a,uuriev(>d at the 
"'■'""""• decision of tht< county su[)t>rintt'ndent, antl shall a])peal to 

guostion.-t Ihe Slalt> hoard, the cpiestions used and the answtn's oiven 

oxi'miiiio.i. "^ shall he exannued by the hoard, and if the decision of the 
oooisiou e»mntv sup(>rinttMidiMil In* rtwt'rstHl, thi> State hoard shall 

si'Itoirmni iwsue tt> the ai>pellant a certitii-at(> of such tirade as the 
shall issno 11 answers shall warrant; rroridcd. That a irood nu>ral eliar- 

0(MiltU"llt(>. . Ill 

actiM" and succt^ss as a teaciier hv shown. 
No ju.iKuioiit Skc. SI). Nothing- in this act shall he so constriunl as 

nMuionHi". [o authorize t>ither tlu> county sui)erintendent ov the State 

hoard to render a jutliiiueut for money; nt>itlu>r shall they 

ln» allowtnl any other compensation than is allowed by law. 

All uet't'ssary postaii'e must t'lrst he paid by the party 

ft^U'ii'rievtHl. 

seUODl- IMSTKUT HONDS. 

Notii'Ok'tvtMi Sl'H'. iH). On the])etition of twentv U\ual vott>rs of any 

twVntIv voiVis. si'hool district, tlu> s(»cretary of saiti district sliall n'ive 
votonm.vi.o notii'e not less than twenty days before any reuular i>r 
n-KuVui'o"' sptH'ial nu^etinu- held under the provisions of this chapter, 
moothlvr. *1^"^ *'^*' questiim of e^mtractinu- a bonded debt for the 

[>urpose of in'eetinii' and furnishinu- school huiUlinos, or 
puri'hasiuLi' un>untl. or for fundinu' tloatiuu' debts, will be 
NoiuMnovoitMs submit tinl to such luuditietl voters of the distrii't as have 

OXOOpt SlU-h lis •) 1 liil ••il 4 !• il -J 

hiivovmi.t paul a si'lu)ol tax tlierein m the year next priH-edinu' the said 

xohoohi... nuH>tin,u'; ProndnL That it shall he lawful for districts of 

the first and sei-otul class to hold special mtH'tin^s for this 

purpose, in tlu^ same manner as is proviiled in this chapter 



STATE OF COLORADO. 47 

for districts of the third class. Any person oflf'orini^ to 
vote may he challenged by any legally qualified elecitor of 
the district, and any one of the judges of election shall 
thereupon adnnnister the person challenged an oath, as 
follows: "You do swear (or affirm) that you are a citi/en ouui. 
of the United States, or that you liave dcu-lared your inten- 
tion to become such; that you have resided in. the State of 
Colorado six months immediately preceding this election; 
that you are twenty-one years of age; that you have resided 
in this district thirty days next preceding this election; 
and that you have paid a school tax within this school 
district during the past year, and that you have not voted 
at this election, so lielp you Clod (or under tln^ i)ain,s and 
penalties of pen-jury)." If he shall refuse to take such 
oath or affirmation, his vote shall l)e rejected. The electors 
af(n-(>.said shall first agrcna, by a majority vot(^, on the 
amount of indebtedness to be created, if any (but in no Nou,n exceed 
case shall the aggregate amount of bonded in(lebtednesSo{*vaimitioti. 
of any school district exceed three and one-half per cent, 
of the assessed value of the property of such, district), 
and shall then proceed to vote by ballot "For the bonds," vote by imiioL 
or "Against tlie bonds," and tlie ballot box for this purpose 
sliall be kept o|)en, as provided in section forty-four (44) 
of this act; and if it appear that a majoi'ity of all the votes 
cast are "For tlie bonds," the board of directors, as soon as 
practicable, shall issue coupcm bonds of the district, bear- interest not to 
ing interest not exceeding eight per cent, per annum, per^ce^nt!^"** 
payable semi-annually, and redeemable at the pleasure of Redeemable 
the district, after five years, and payable fifteen years f roni of diHMcr 
date, the principal and interest payable at the office of the P'^yi''''' ';'' 
treasurer of tlie (bounty in which the said district may be yuer'n office or 
situated, or the interest may be made payable in the city'" 
of New York, at the option of the holders thereof, and the 
cancelled coupons shall be at the disposal of the district 
board. 

Sec. 91. Whenever any school district shall issue bonds Registered in 
under the provisions of this act, all such bonds shall, pre- or^'o^co?'''**" 
vious to being negotiable, be presented to the recorder of 
the county, to be duly registered by him in a b(X)k kej^t 
for that purpose in his office, noting the school district, 
amount, time of payment and rate of inten^st, and all such 
l)onds shall state on their face that they are issued under 
the provisions of this act. 

Sec. 92. Whenever any school district shall issue oountycom- 
bonds under the provisions of this act, it shall be the lurbond'tnxesf 



48 



SCHOOL LAW OV THE 



Surplus li. 
K>i Uxlislricl. 



Tiixos for 
priiiclpul. 



Mmmiht (if 
l)ii.vm('ul. 



Uoiuls issued 
vmdor ((>rri- 

((U-iiil hiws. 



Miiiinor of 
r(Ml(H<nilii>; 
lioiuls issut>(l 
iin<l(>r terri- 
torial liiws. 



(hily (»r \ho hoard of ('(miiiiissioiKM's of the county in 
which said disli'ici may be situated, to levy and assess a 
special lax on all the taxable property of such dislrict in 
amount sutHcieid to ])ay the interest cou])ous thereon, 
when 1h(> same shall become {\\\v accoi'diuu; lo their tenor 
and elVecl, and Ihe county ti'easui'er shall colUn-t the same 
as ollici- taxes are collected, in cash oidy, keepiiiii^ the 
sam(> S(>parate IVom otlii'i' funds I'eciuved by him; and if 
thei'e shall be any sui-plus after paying- [tlu^ coupons and] 
the ex|)enses of collect inj^' such special tax, the ti'i'asurer, 
shall, without delay, pass the same to the credit of such 
school district, and such fund so ])ass(Hl to the credit of 
tlu> district shall be subject to the disi)osal of the board of 
directors. And aft(>r the expiration of five years next 
after the issue of such bonds, and annually thereafter 
until the full payment of said bonds, the county commis- 
sioners shall provide by taxation, and shall et)lhH't at least 
ten per ciMitum and not mon> than twenty i)er centum of 
i\\o ])riiu'ipal of such bonds, which anu)unt shall be 
assi>ssed and colh^-ted the same as the tax for the payment 
of the int(>rest coupons, and when colUn'ted shall be turned 
over to the treasuri'r, of such school district, such money 
to be iised only in the paynuMit of such bonds, in manner 
as follows: The tteasurer of such school district, imme- 
diately after receiving- the numey as aforesaid, shall adver- 
tise in some news])aper j)ublished in his county, if there 
be any. for four successive w(>eks, that, on a certain day 
named in the advcn-tisement, he will pay certain of the dis- 
trict bonds, said boiuls to b(^ descril)ed in the advertise- 
ment by nund)er ami amount, and the advertisement shall 
further state that after the day so tixcnl for payjiu>nt the 
intei-est on the bonds described as afoi>>said shall cease 
and determine. The said payment shall be made in the 
otHce aiul in the preseiu'e of the tri'asunM* of the county, 
who shall canceh the bonds riHleemed, and a minute of 
such canc(>llation shall be made on the books of the county 
iHM'order, aftei' which tlu\y shall be at the disposal of the 
disti'ict l)oard. The ])rovisions of this section for levying 
and coll(H"tinti,' taxes, and foi' the ])aymiMit of interest 
coupons, shall be ai)])lical)le to all school ilistricts that 
have issued bonds under th(> pi"o\isions of the laws of the 
Ti'rritory of (\)loi'ado. 

Si'X'. *>.'{. In all districts that hav(^ issued bonds undin* 
the i)rovisions of the laws of tlie Territory <»f (\)lorailo, 
the treasurer of the district, immediately after receiving 



STATE OF COLOEADO 49 

the annual installment of the fund for the redemption of 
said bonds, as provided in section ninety-one (91) [ninety- 
two], shall go into the market, and, at the lowest price for 
which he can obtain such bonds, shall use such fund in 
the retirino: of such bonds to the extent of such fund; 
Provided, That the said treasurer shall not pay more than shaii not pay 
five per cent, premiuiji on any bonds of his district, and "ent premhmi. 
any balance of said funds remaining in the hands of said inveBt balance 
treasurer shall be invested, as nearly as possible, in United states wis. 
States bonds or State bonds of Colorado. 

Sec. 94. All United States or State bonds, which may 
come into the hands of any district treasurer, under the 
provisions of this act, shall be duly recorded in the books 
of the district and deposited in the safety vault of some Bonds 
bank within the State, selected by the district board. ^„^/^rS" 
The interest coupons of said bonds shall be duly collected 
by the district treasurer, and the proceeds turned over to 
the county treasurer, to be used in the i^ayment of the interest 
interest coupons of the bonds of such district, and the ^f'l"'"'"''''' 
annual tax for the payment of the interest on said dis- 
trict bonds shall be proportionately lessened. Said United 
States or State bonds shall be sold by the district board at Bonds sold, 
the best market rates, and the proceeds thereof used to 
redeem the bonds of the district, when the same become 
due, or when they can be bought at not to exceed five per 
cent, premium. 

Sec. 95. No change in the boundary lines of such no change in 
school district shall release the taxable real estate of the releases any 
district from assessment and levy of taxes to pay the EondTa^x.*'^"™ 
interest and principal of such bonds, and if there shall be 
any change of the lines of such school district, so as to 
leave any portion of the taxable real estate of the district, 
out of the district, which was subject to taxation in the 
district at the time of the issue of such bonds, the assess- 
ment and levy for principal and interest of such bonds, 
shall be made on such projjerty as if it were still within 
the district, and if there shall be any change of the lines 
of such school district, so as to annex any taxable real 
estate, after the issue of such bonds, the real estate so Property added 
annexed shall thereafter be subject to the assessment and uabil fo? t"x. 
levy for principal and interest of such bonds. 

Sec, 96. The treasurer of the county shall receive the compensation 
same compensation for the collection of such special taxes treasurer. 
as he does for other school taxes. 

4a 



50 



SCHOOL LAW OF THE 



Bonds sealed 
and counter- 
signed. 



Repealing 
clause. 



Bonds refunded 
■\vith consent 
of owner. 



New bonds 
may bo issued 
for payment 
of bonds due. 

Can not be sold 
for less than 
98 per cent, of 
par value. 



Interest not to 
exceed eight 
per cent. 

Time not to 
exceed ten to 
twenty years. 



Method of pro- 
cedure same as 
under the laws 
of 1887. 



Levy for the 
redemption 
of bonds. 



Sec. 97. All such bonds so issued shall be signed by 
the i)resident of the board of directors, and shall have the 
seal of the district attached, and shall be countersigned 
l3y the county treasurer. 

Sec. 98. An act entitled "An act concerning school 
bonds," approved January 29, 1872, and all acts amenda- 
tory thereto; also, an act entitled "An act to amend, revise 
and consolidate the acts relating to public schools," ap- 
proved February 11, 1876, and all other general laws incon- 
sistent with this act, are hereby repealed. 

Sec. 99. It shall be lawful for the board of directors of 
any school district which has a bonded indebtedness to 
refund the same, with the consent of the bond owners, in 
bonds bearing a less' rate of interest than the bonds so 
refunded, and running for a longer time; Provided, That 
in case bonds become due, and the owners do not consent 
to a refunding of the same, it shall be lawful for the board 
of directors to issue and sell new bonds for the payment 
of the bonds then due; Provided, further, That such new 
bonds thus issued shall not be sold at a less price than 98 
per cent, of their par value. The bonds issued to take up 
and rei^lace the district bonds which are to be refunded, 
and the bcnids issued for the payment of bonds due, shall 
bear interest at such rate as said school board may deter- 
mine, not to exceed eight per cent, per annum, and shall 
be redeemable at the pleasure of the district board, in not 
to exceed ten years, and payable in not to exceed twenty 
years from the date thereof, and the date after which said 
new bonds are redeemable shall be plainly written or 
printed on the face thereof. 

Sec. 100. All the provisions of the laws of the State 
of Colorado, now existing, relating to the dvities of district 
and county officers in the issue and payment of the district 
bonds, and relating to the assessment and collection of 
taxes for the payment of the interest and principal of 
school district bonds, shall be held to apply equally and 
in like manner to all matters pertaining to the issue and 
payment of bonds issued under the provisions of this act, 
except that the time when taxes shall be levied and col- 
lected for the payment of the principal of said bonds shall 
be as hereinafter provided. 

Sec. 101. At the time provided by law for the levying 
of county taxes in the year next preceding the date at 
which the first installment of said bonds shall mature, and 



STATE OF COLOEADO. 51 

every year thereafter until the whole amount of said bonds 
shall be redeemed, the board of county commirjsioners, of 
any county in which bonds shall have been issued under 
the provisions of this act, shall levy a tax sufficient to pay 
not less than ten pe?" centum nor more than twenty per 
centum of the principal of said bonds, and the county 
treasurer shall collect the same as other taxes are collected, 
and shall pay the amount so collected to the district treas- 
urer as is now provided by law. 

Sec. 102. Provided, Jwivever, That no bonds shall be vote of the 
issued under the x^rovisions of this act until the question ^^°^ ^' 
of refunding shall first have been submitted to, and a.])- 
proved by, the qualified voters of the district, as is now, 
or may be, provided by law, except' that the electors shall 
vote " For refunding," or "Against refunding," instead of 
" For "the bonds," or "Against the bonds." 



CHAPTER LXXXVIII., REVISED STATUTES. 

PUBLIC CONTEACTS. 



AN ACT TO PREVENT FRAUDS IN THE LETTING OF PUBLIC CONTRACTS. 
APPROVED FEBRUARY 3, 1872. 

Section 1 . Whenever any officer of this State or of any no officer let- 
county, city, town, or school district therein, shall be ^hau^have^"'^ 
charged with the duty of making any contract for, or on l^ereln. 
behalf of this State, or of any county, city, town, or school 
district therein, shall be obliged to j)ay any sum of money 
to any x^erson whomsoever, and whenever any such officer, 
as a member of any board of auditors, commissioners, or 
directors, or otherwise, shall have any vote or voice in 
awarding any such contract, it shall not be lawful for any 
such officer to become in any manner bound for the fulfill- 
ment of such contract, or to take or receive any j^art or 
portion of the money specified in such contract, or to be 
in any way, manner or degree interested in such contract, 
excepting in his official rex)resentative capacity. 

Sec. 2. Whosoever shall offend against the provisions penalty. 
of this act shall be imprisoned not exceeding six months, 
and fined not exceeding two thousand dollars, and shall 
be removed from office. 



'.)Z SCHOOL LAW ol' riiK, 

AN M'V 

'I'd I'KUVIIil'; I'OK 'I'lIK S'l'HUY Oh' 'I'lIK NA'I'IMiK ill' A l,( '( )ll( )l,l( ! UlilNKH 
ANI> NAIfCO'l'ICS, AND 'I'lllCIH. KI''I''K( !'rs I'l'ON rill', HUMAN SVS'I'KM. 
AI'l'lt(IVKI) AI'UII, I, IHH7. 

lie it fiiiiclcd liij I he (Ifncnil AxHCiiiltlji of I hi Shite of < 'nlorado : 

SlU'l'ioN I. 'I'li.'il llir ii.'itui'c (iT ;il('(tli()lic drinks and 
iiarcdl ifs, and spcrial i iisl iiicl ions as to t licir ctVccis upon 
I lie liiiiiian syslcni. in ('(Uiiiccl ion wit li I lie several divisions 
of t lie sulijcci of pli.Vsi(ilo.!j,'y and liyniciic, sluill he included 

mnlMl'm'iiooiM '" ""' l)ra.nclies oj' study (aun'lil in llie public scliools ol" 
llie Slate, and shall Ix^ sludi(>d and tau^liti as tlioroUi^lily 
and ill (lie same uiannei' as oIIkm' like re(piired hraiiclies 
are ill said schools, hy ihe use ol' texl hooks, desi^iiali'd 
hy Ihe hoard of directors of the respecl i\ c school dis- 
Iricls. ill Ihe hands ol' pupils where other hranches are 
thus studied in said schools, and l»y all pupils in all said 
schools t hi'oiiuiiout the State. 

i..,i.v..r..m..-,s. «^,,,. o r|.||_.|, j, j.,|j||| 1,^, ,,|^. ,,j,|,^, ^^,- ,||^. pn.per ollicers 

in coiit roj ol' any school, described in tlu^ forej^'ointi' S(>ct ion, 
to cid'orce the provisions of this act, and any such ollicer, 
school director, coiiunilie(>. superiniiMideut or teacher, 
i''"ii'>''" "!■ who shall reruse. tail or nei-iecl to couiplv with Ihe re- 

(piireinents ol' t his act, ol' shall n«'L;lect, reliise or tail or 
I to I make proper provisions for tli(> instruct ioii re(piir«>d, 
and in the manner sp(>cilied by th(> first siM'tion of tliis act, 
h)i' all pupils in each and every school uiuUm' his or her 
jurisdiction, shall be remoNcd Iroiii ollice, and the vacancy 
tilled as in other cases. 



m-Kl'x'l. 



Itoiiinvo.l 
IrcMM olUr 



AN AC r 

lU'.l.A'I'lNO 'I'O I'lIK Hl'.I'OlCrs OF Tin: Ol'l'ICKKS Ol'' STATK lODlICATIONAL 
AND HKl'OKMA'rOKY INSTITUTIONS. Ari'UOVKn FEU. U, 1881. 



lie il ciKirled hy ihe Gvncral Asseinhli/ of the State of Colorado : 

Skction 1. It sliall b(> the duty of tlu> Pn^sideut of tli(> 
Statt> University, the l*i'esid(Mil of the Stali^ School of 
I\liii(>s, th»> President of tlu> Stat(> Auricidlural (\)IK\n'(>. 
and the Principal ol' tli(> Mute and Pliiul lnstitut(\ to 
iui>nniiii make a biennial report to ilu^ Superiuleiuleut of Public 

Instruction, on or liel'ore th(> first day of December of 
each year precediue- (he nu'ctiiiij," of the ,e(>iieral assembly. 



r.-IM.rl. 



K(M>otl 



iiiuiii. These reports shall I'ontain a histt)ry of the ius(i(u(ioiis 



STATE OF COLOEADO. 53 

reported for the two years; shall show the number of pro- 
fessors and teachers employed and the salaries of each, 
the number of students in attendance each term, the num- 
ber in each of the several departments, and any other 
items concerning the educational and financial condition 
of the respective institutions which the officers making 
the reports shall deem to be of public interest. 

Sec. 2. It shall be the duty of the Superintendent of simii i)o 
Public Instruction to publish the reports made in pursu-""' ""''' 
ance of this act, with his bienidal rejjort to the governor; 
Provided, That he shall not publish more than ten printed 
pages for each institution. 



AN ACT 

TO KSTABLIHIi AKBOK DAY. APPKOVED MARCH 22, 1889. 



Be it enacted by the General Assembly of the State of Colorado: 

Section 1. The third Friday in April of each year TWrd Friday 
shall be set apart and known as " Arbor Day," to be ^"^ ^''"^' 
obsei-ved by the people of this State in the planting of 
forest trees, for the benefit and adornment of public and 
private grounds, places and ways, and in such other efforts 
and undertakings as shall be in harmony with the general 
character of the day so established; Provided, That the proviKo. 
actual jjlanting of trees may be done on the day desig- 
nated, or at such other most convenient time as may best 
conform to local climatic conditions, such other time to be 
designated, and due notice thereof given, by the several 
county superintendents of schools for their respective 
counties. 

Sec. 2. The day, as above designated, shall be a holiday himw ix, a 
in all public schofjls of the State, and school officc;rs and ''"'"'^'^y- 
tea('liers are required to have the schools under their touchorw""'' 
respective charge observe the day by planting of ti-ees, or ;'',','jj"^ve' *" 
other apx^ropriate exercises. *'>« 'i^y- 

Sec. 3. Animally, at the proper season, thfi <JOvernor f^„^,,„„,^ ^j^,^„ 
shall issue a proclamation, calling the attention of the[«™«i^rooiaina- 
peoj^le to the provisions of this act, and rec(jmm(inding 
and enjcjining its due observan(;e. The Superintendent of 
Public Instruction, and the respective (-ounty superin- 
tendents of scIkjoIs, shall also promote, by all ];roper 



54 



s(;hool law of the 



Micaiis, the observance of the day; and the said county 
Anmmi n.iM)iiK. su|)erinten(l(nits of scliools, shall inaki^ annual reports to 
llie Siaie Poi-f^st Conmiissioner of the action taken in this 
Ix'half in their respective counties. 



AN ACT 

TO SECUKE TO CHILDKEN THE BENEFIT OF ELEMENTAKY EI>UCATION. 
APPROVED APRIL 18, 1889. 



UnliiAvful to 
oniploy any 
child under 11 
.vcurs nf iini' In 
IiiImii' din-iri^' 
scliool lioiirs. 



Unless s\K'li 
ehild liiis 
uttended 
Ijriviite school. 



(;uilly "f 
niisdemeaiKir. 



Paid into 
the county 
treasury. 



lOvory parent 
or Ki'iii'dlan 
reiinired to 
send child 
to school. 



12 weeks in 
each year. 



Unless 
excused. 



Be it enacted by the General Assembly of the State of Colorado: 

Section 1. That it shall be unlawful for any person, 
persons or corporation to tnnploy any child under the a^e 
of fourteen years to labor in any business whatever durin,u; 
the school hours of any school day, of the school term (jf 
the public school, in the school district where such child 
is. unless such child shall have attended some jjublic or 
])rivate day school where instruction was given by a teacher 
(lualitied to instruct in those branches required to be 
taught in the public school of the State of Colorado, or 
shall have been regularly instructed at home in such 
branches, by some person qualified to instruct in the same, 
at least twelve weeks in each year, eight weeks at least of 
which shhll be consecutive, and shall, at the time of such 
employment, deliver to tlie employer a certificate in writing, 
sigiunl l)y the teacher, certifying to such attendance or 
instruction; and any person, pi^-scms or corporation who 
shall (Muploy any child contrary to the provisions of this 
section shall, upon conviction, be deemed guilty of a mis- 
demeanor, and fined in a sum not less than twenty-five 
(25) dollars nor more than fifty (50) dollars; and all fines 
so collected shall be paid into the county treasury, and 
placed to the credit of the school district in which the 
offense occurs. 

Sec. 2. Every parent or guardian, or other person in 
the State of Colorado, having control of any child or chil- 
dnni between the ages of eight (8) and fourteen (14) shall 
he required to send such child or children to a pul^lic 
school, or private school taught by a competent instructor, 
for a period of at least twelve (12) weeks in each year, at 
least eight weeks of which time shall be consecutive, 
unless such child or children are excused from such at- 
tendance by the board of the school district in which such 



STATE OF COLORADO. 55 

parent, guardian or person having control resides, upon 
its being shown to their satisfaction that such child's 
bodily or mental condition has been such as to Pi"6vent Mentai^^ 
attendance at school, or application to study for the period 
required; Provided, That if such parent or guardian is Proviso, 
not able, by reason of poverty, to properly clothe any such 
child, it shall be the duty of the school board of the proper 
district, upon the fact being shown to their satisfaction, 
to furnish the necessary clothing and pay for the same out tol^r^i^h^'^'^ 
of the school fund of such district, by warrant drawn as in "fQ^^^^i^^J^^ 
other cases, or that such child or children are taught at ^^^ f^^'^he 
home in such branches as are usually taught in the public same out of the 
schools, subject to the same examination as other pupils of the district. 
of the district in which the child resides; or that there is 
no school taught within two miles by the nearest traveled 
road. 

Sec. 3. Any parent, guardian or other person failing Any person 
to comply with the provisions of section two of this act compfy shaii 
shall, upon conviction, be deemed guilty of a misde- ^nt^y ™/a 
meanor, and fined in a sum not less than five nor more misdemeanor, 
than twenty-five dollars for each offense; and all fines so 
collected shall be paid into the county treasury and placed 
to the credit of the school district in which the offense credit of 

school district. 

occurs. 

Sec. 4. It shall be the duty of any school director of ifj^^^J^y^j^^ • 
the district to inquire into all cases of neglect of the duty neglect. 
prescribed in this act, and ascertain from the person neg- 
lecting, the reason, if any, therefor; and he shall forth- 
with proceed to secure the x)rosecution of any offense Prosecution 
occurring under this act ; and any director neglecting to ° '^^^ ° 
secure such prosecution for such offense, within ten days within ten 
after a written notice has been served on him by any tax- ^^^' 
payer in said district, unless the person so complained of 
shall be excused by the district board of education for the umess the per- 
reasons hereinbefore stated, shall, upon conviction, })q»o^^s excused. 
deemed guilty of a misdemeanor, and fined in a . sum not Misdemeanor, 
less than ten nor more than fifty dollars; and such fine. Fined, 
when collected, shall be laaid into the county treasury and 
placed to the credit of the school district in which the 
offense occurs. All actions for offenses committed under 
this act shall be prosecuted for in the name of The State Prosecuted, 
of Colorado. 

Sec. 5. That upon the trial of any offense as charged 
herein, before any court of competent jurisdiction, if itj^^iicious 
shall be determined that such prosecution was malicious, prosecution. 



56 SCHOOL LAW OF THE 

then tlio costs in such case shall be a(lju(li2^e(l ati^ainst the 
complainant and ccjUected as fines in other cases. 
K(iuivai('nt. ^^jjG. 6. Two wosks' attendance, at half time or night 

school, shall be considered within the meaning of the 
article equivalent to an attendance of one week at a day 
school. 



AN ACT 

TO KSTAULISII, GOVKUN AND MAINTAIN A STATE NOKMAL SCHOOL. 
APPROVED APRIL 1, 1889. 



Be it enacted by the General Assembly of the State of Colorado: 

KstHi.iishment SECTION 1. A State Normal School is hereby estab- 

nmi school. lished at or near the city or Cxreeley, m the county of 

Weld and State of Colorado, the purpose of which shall 

be instruction in the science and art of teaching, with the 

aid of a suitable practice de})artment, and in such branches 

of knowledge as shall (juidify teachers for their profession; 

Proviso. Provided, That a donation shall be made of a site for said 

Doimtionotio State Nomuil School, consisting of forty acres of land 

iiorus of grouna i-ii. ^ ^ i- 

for site. with a building erected thereon, according to i^lans and 

r/pnTu'iiUoiis specifications furnished by the State Board of Education, 

and to cost not less than twenty-five thousand dollars, ten 

thousand dollars of which shall be paid by the State, as 

hereinafter })rovid(Kl. 

mX.V'coutT()i '^^f'- '^^ ^'^^^^ school shall be under the contrcjl of a 

of i.o.irii of six board of six trustees: the said board shall ho and is hereby 
declared a body corporate by the name and style of "The 
Trustees of the State Normal School," and as such and by 
pnmoIi',y, 1)0 '^^'^ said name may lujld ijroperty for the use of said school, 
eu^ " **"'*^'*' "^^ P^^rty to all suits and contracts, and do all things 
thereto lawfully appertaining, in like manner as munici- 
pal corporations of this Stat(\ The said trust(>es nnd their 
successors in ofiict> shall liave perpetual succ(\ssion, shall 
by 'ill ws' 'etc have a common seal, and may make by-laws and regula- 
tions for the well ordering and g(jvernment of the said 
corporation and its business not repugnant to the consti- 
tution and laws of the State. 

"ilpoi'uTsix''"" ^EC. 8. The Governor shall, upon the ai)proval of this 

irustees. yy^,^^ appoiiit, by the advice and with the consent of the 

senate, the six trustees mentioned and provided in this 

act, two of whom shall be appointed i'oi- the term of two 



STATE OF COLOEADO. 57 

years, two for the term of four years and two for the term 

of six years. Their terms of office shall begin from their Terms of office. 

appointment and qualification, and shall continue for the 

period for which they shall be so appointed, and until 

their successors are appointed and qualified. Every two Every two 

years after the first appointment aforesaid, two trustees mfiteelare to 

shall be appointed in like manner to succeed those whose ^^ ^yi^o^o.ted. 

terms are first thereafter to expire. Every trustee so 

appointed shall take and subscribe the oath of office pre- oath of office. 

scribed by the constitution of this State before entering 

upon the duties of his office, which oath shall be ]placed 

and kept on file in the office of the Secretary of State. Kept on fiie. 

The Superintendent of Public Instruction shall be, ex 

officio, a member of the board of trustees of the said 

State Normal School. 

Sec. 4. Said normal school is hereby constituted an in- is constituted 
tegral part of the public school system of this State, and parTolUe 
shall stand upon the same basis as to apportionment of sys'tem!'''^°°^ 
State school funds as union high schools, and shall be sub- Apportionment 
ject as such to the general supervisory powers vested by °* ^°^°°^ funds. 
the constitution in the State Board of Education. 

Sec. 5. Subject to the constitutional powers of the 
State Board of Education, the Trustees of the State Normal genelTsuvll 
School shall have the general supervision of the State anlTirection ^ 
Normal School, and the control and direction of its funds of its funds. 
and the approT)riations therefor. They shall have power Have power 

to^ I o 11 •;• "^..n -. '- .to appoint a 

appoint a racuity, consisting or a principal and assis- faculty. 

tant ijrincipal, and such other j)i'ofessors as may be re- 
quired therein ; they may also ajipoint such assistant ^fghe^^'s* 
teachers as are found necessary. They shall also have 
power to remove said principal or assistant x^rincix^al, or Power to 
any professor, teacher or employe in or about said school, prSSIioai, 
and to appoint or employ another or others instead; to empi^oyel.'*'^'^ 
fix the salaries of each and to prescribe their several duties. Fix salaries 
They shall, with the advice and consent of the faculty, fh^i^duuei^*^ 
prescribe the various books to be used in said school, the Books courses 
courses of study and instruction, which in no case shall I'nstractioSf 
cover a period of less than three years, and shall make all 
needful rules, regulations and by-laws for the good govern- Rules, regu- 
ment and management or the same. by-iaws. 

Sec. 6. Said board of trustees shall also have i^ower, 
and it shall be their duty from time to time, as means 
shall be provided and placed at their disposal, to provide Provide suit- 
suitable grounds and buildings, either by donation, pur- anlfbundrngs. 
chase or lease, for the use of said school, and, in their dis- 



58 SCHOOL i>A\v oi' tiiio 

Nomifui iinpii- crclioii. slinll also ni-oNidc jill proper mihI iiccdrul apparfiluH, 

llltUH, IhioUh, , , . . in- V i \ • I -M I I- il 

i«uj. l)o<)ks, itrl icU's niid things loi" Icacliiiiu' ami ilhisi rai iii^' tin* 

l)raiiclu>s I )!' si 11(1 y aiil liori'/cd in said scliool. 

Sioc. 7. Tlic said hoard of iruslct's shall prcscrihi* (lu» 
guaiin.'iitioiiH (lualilicalions I'or admission of siudiMits io said normal 

fur iiiliiilswioii. , , II ,. ... ... Ill 1 

school. l<jV(>rv applicant lor admission shall undergo an 
i'.xniniiiiiii..ii cxaminalion by 11u> I'aciiKy of said school, and if it shall 
appear ihai such applicant is not a piM'son of ii^ood moral 
charactcM", or fails io pass such cxaminalion, such appli- 
canl shall l)i> r(\j(M't(Ml. Kacli applicant. oxct\i)i as licroafter 
])rovi(l(>d, shall, prior io his or luM* adnussiou, also sign 
I'liiMi and lil(> wii-h the board of trustees a declaration to engnge 

in lh(> busiiu^ss of t(>achiiii;- in the public schools of this 
Stat(>. 

"I"-""""", Skc. 8. Tlu> Stall' Nornuil School shall b(> opiMi, sub- 

IICI'MIIMH I(>h1- . , . .,.,'., 

.i.MiiHof iiiiH j(\ct to its reL>ulaiions. to all persons resident in tins State, 

sixleeii years of a^'c and upward, without char|Li;(> for 

0|M.n Io ..Hum hiitioii; aiid to other persons under such reuulatioiiH Jis 

IKMSOllH Ulmll 1 I I !• -l (• 

.iivMi.Miic.i til,, bonrd of trustei's may prescribe, upon payment of a 
rat(> of tuition to lu> fixed by said board, ami without the 
aforesaid (l(>claration of intention to teach in the |)ublic 
schools of this State; said board of trustinvs shall also fix 

iH'on for lul- . 1 ,. ,. ... ,. -i , ,, ,• I ■ i 

iuInhI.mi i(. tilt' let>s lor adniissi«)n ol i)upils to the prat'tice department 

pnifll.M- !• • I ill 

tiopiiiiiuiMii. ol said normal scliool. 

Ki...-iion..f Six. '.>. The board (if trustees shall elect from anu>ni'' 

.^'•'"•- lluMr niiml)er. at tlu" lirsi and t>\('ry succeediUi;' annual 

I -.i.!....! meet iiiL;' of said board, a |)r(>sident, who shall preside at all 

nieetinL;,s and perform such diitit's as are incumbent upon 

such ollice. T\w board shall also elect, a secretary, who 

shall not be a iiu>ml)er of the board, nnd who shall hold 

(illice for the term o\' one year, and until his successor 

s<.(i-.. till. V chilli shall be <>lected ami (pialilied. 'V\\o said secretary sliall 

nive bond, in a sum to be fixed by the Su})erint(Mi(lent of 

I'ublic Instruction, for the faithful haudlinii,- and truo 

accountinii,' ami didivtM-y of all moneys and pro])erty of 

said scli(M>l coming to his hands or control, which bond 

"•""I |>'""|- shall bt> lih'd with the St>cretary of State, after a[)proval 

of the suri'ties thereon by tlu> said board of trustees. No 

si'dfiiiiy .nil secretary eh>cted as afort'said shall reciMve into his })ossos- 

I1m'.i'.'!v urpioi'- ^Mu or control any money or pro[)erty of said normal 

JiiiVii'i'mmui'is' school until aft(M- he sluUl have executed his bond ami the 

oxwuio.i. same shall havi> been ap[)roved and IiKhI as aforesaid. Tlu^ 

uoilsmov. Stat(> 'l^'i>asurer shall bt>, r.r <>_///('/o, treasurer of the Stati> 

Normal School. 



So.'ii'liuy, 



STATE OF COLORADO. 51) 

Sec. 10. The State Normal School is authorized to 
grant diplomas to such students as shall have com^jleted U)™tudents*™''^*' 
the full course of instruction in said normal school, shall 
have been recommended by the faculty and shall have 
passed a final examination upon the branches embraced exlmfuation. 
in the prescribed course of study; such examination to 
be conducted by the examining board, consisting of ^^^^^'^l^^'^" 
the State Superintendent of Public Instruction, a examining 
county superintendent of schools within the State, ap- 
pointed for the purpose by the Governor, and the principal 
of said school. Such diploma, when signed by the mem- 
bers of said examining board and the president and secre- 
tary of the board of trustees, shall be evidence that the 
receiver thereof is a graduate of the State Normal School, Graduate of 
and entitled to all the honors and privileges of such Bchooi. 
graduates. 

Sec. 11. The said diploma shall license the receiver Diploma shaii 
thereof to teach in any of the public schools of this State, io teach.'""'*'''"' 
when a certified copy thereof shall have been filed in the 
office of the county superintendent of schools in the 
county wherein such graduate is teaching or proposes to 
teach. Such license may be annulled by the State Sui3er- May be 
intendent of Public Instruction, who shall give immediate 'i""^"^'^- 
notice thereof to the several county superintendents of ^^ive notice, 
the State, and such license may be suspended in anyMaybesus- 
county by the superintendent of schools for such county, ^n"tounty 
pending the action of the Superintendent of Public In- 
struction. 

Sec. 12. No fee shall be charged or received for any no fee shaii 
diploma or certificate authorized by this act. ^^ charged. 

Sec. 13. The trustees of said normal school shall bcxrusteeBto 
entitled to receive five dollars per day and their necessary ^1^"^^® *^' 
traveling expenses, when actually employed in the per- 
formance of their duties as such trustees. 

Sec. 14. The board of trustees of the said normal Trustees have 
school shall have power to receive, demand and hold for oei^lfdemtud 
the uses and purposes of said school such money, lands or money ot 
other ijroperty as may be donated or devised for or thereto, p^'ope'^y- 
and to apply the same, within the ixjwers conferred by ^ppiy the same, 
law, in such manner as shall best subserve the interests 
and objects of said normal school. 

Sec. 15. The funds and revenues for the establishment Funds and 
and maintenance of said normal school, for the payment Ittahnnhmlnt 
of its officers, teachers and employes, and for all purposes nanf;^of"8chooi 
incident thereto or necessary for the proper founding, appropriated. 



60 



SCHOOL LAW OF THE 



Trustees shall 
tile a report 
by August 1, 
each year. 

Annual report 
made \ipon| 
blanks pre- 
pared by 
superiuteuilent 
of public 
instruction. 

Number of 
students, age, 
sex, etc. 

Attendance. 



Curriculum 
of instruction. 



Number of 
students in 
each depart- 
ment and class. 



Names and 
number of 
teachers. 



Names of 
employes and 
wages paid 
each. 



Financial 
statement 
classified and 
itemized. 



Estimate of 
expenditures 
for next 
ensuing year. 



continuance and successful conduct thereof, shall be ap- 
propriated and apportioned in such manner as the general 
assembly shall by law provide. 

Sec. 16. The Trustees of the State Normal School shall 
make and file with the State Board of Education, on or 
before the first day of August in each year, a report of the 
affairs and conduct of said normal school during the year 
last preceding such report. Said annual report shall be 
made upon blanks prepared by the Superintendent of 
Public Instruction, and shall include the following, viz: 

First — The number of students enrolled " during the 
preceding year, their sex, age, residence and j^lace of birth. 

Second — The attendance each day; the average attend- 
ance for each week and term, and during the year; the 
number of days the school was taught in the year. 

Thii^d — The full curriculum of instruction in said 
school; the classification and departments thereof; the 
branches taught; time devoted to each; text-books and 
apjjaratus in use; number of books in the library; require- 
ments for admission and graduation, with dates and re- 
quirements for examinations. 

Fourth — The number of students in each department 
and class; number of diplomas granted, and to whom; 
number, names and residence of graduates; number of 
suspensions and expulsions, and cause of same. 

Fifth — The names and number of teachers in each class 
and department, length of time each has been employed, 
and salary paid to each. 

Sixth — Names, individual employment and number of 
all other employes in and about the school, with rate and 
amount of wages paid to each. 

Seventh — A full financial statement, classified and 
itemized, of the business department of the school and 
corporation, covering receipts and exiJenditures from and 
by all sources, and in such form as to show the average 
cost of the school per month for each pui^il, and in gross 
for the year; cash on hand or deficit at the beginning and 
end of year. 

EigJdh — An estimate of necessary exxjenditures, ordi- 
nary and special, for the next ensuing year. 

Ninth — Such other particulars as the said board of 
education may require, necessary . to a fair and complete 
showing and fair understanding of all the affairs of said 
normal school. 



STATE OF COLORADO. 61 

Said report shall be signed by the president and secre- Report shaii 
tary of the said board of trustees, and verified by the oath president. 
of one or more of their number. oatS. ® ^ 

Sec. 17. There is hereby appropriated, out of any 
moneys not otherwise appropriated, belonging to the gen- 
eral fund, the sum of twenty thousand (20,000) cloHai's, '^'■^^^'^^l^p^'^he 
ten thousand (10,000) dollars for the completion of the completion 
school building and ten thousand (10,000) dollars for theoLoiioo/* ^"^ 
purpose of furnishing the said normal school building '^"'^'^^°^®' 
hereinbefore provided for, and for the purpose of carrying 
on the said school during the year 1890; Provided, That Proviso, 
said apj)ropriation shall not be available until the site 
mentioned in section one of this act shall have been 
donated, as therein j)Tovided, and shall be drawn only 
upon the order of the board of trustees of the State 
Normal School, approved by the State Board of Education. 



AN ACT 

TO PKOVIDE FOE THE ASSESSMENT, LEVY AND COLLECTION OF A STATE 
TAX, FOR THE SUPPOBT AND MAINTENANCE OF CERTAIN STATE EDU- 
CATIONAL INSTITUTIONS, MENTIONED THEREIN; TO DEFINE THE 
DUTIES OF THE COUNTY TREASURER IN CONNECTION THEREWITH; 
TO PROVIDE FOR THE ELECTION OF A TREASURER OF EACH OF SAID 
INSTITUTIONS, DEFINE HIS DUTIES AND TO REPEAL ALL ACTS AND 
PARTS OF ACTS INCONSISTENT THEREWITH. APPROVED MARCH 17th, 
1891. 



Be it enacted by the General Assembly of the State of Colorado : 

Section 1. There shall be assessed and levied annually state tax for 
upon all the taxable property in the State, taxes for the cationai*^'^^^' 
support and maintenance of certain State educational ^'^®*'*"*^°'^®- 
institutions, as follows: One-sixth of one mill on each 
dollar of the assessed valuation of the taxable pro^jerty 
of the State for the use of the Agricultural College and to Agricultural 
be known as the Agricultural College Fund; one-sixth of '^°^^*^°^" 
one mill on each dollar of the assessed valuation of the 
taxable property of the State for the use of the State state school 
School of Mines, to be known as the School of Mines °*™°®®' 
Fund; one-sixth of one mill on each dollar of the assessed 
valuation of the taxable projperty of the State for the use 
of the State. Normal School to be known as the Normal |^tg^e normal 
School Fund; one-sixth of one mill on each dollar of the 
assessed valuation of the taxable property of the State for institiite for 
the use of the Institute for Mute and Blind, to be known wind.'^'^ 



62 



SCHOOL LAW OF THE 



Oounly 

tro«mii(>r shall 
hoop »0|>iiriito 
lu'i'inmts. 



StHlt< imtUtor 
sliiill ilriiw wiir- 
viinl in fiivor of 

trOllHUI'tM' of 
rillli) ill.-<lltll- 
llonx. 



Honvils of 
trusleo.i shiill 
oloot troiittdiiM', 



Oiith. 



Apiu'ovoil l>.v. 



nUxX with 
soorotnv) 
of .stuto. 



as the Mniv and Blind Fund; such tnxos shall be leviod 
and colliH'ltHl at tho sanio time and in thi> sann^ nianntM" 
])i'«)YidiHl l)y Inw for asst>ssiiu'iit and colKn'tion of t>tlun* 
Stale taxes. 

Sec. 2. It shall be the duty of every county treasurer 
in thi^ Slat»^ to keep separate account of all taxes collected 
ill piusuaiiiH' i)f this act, and transmit the same to the 
State Tri>asurt>r monthly as si\pai'ate funds for the exclu- 
sive use of said Stat(> educational institutions and tlu> 
Statt> Auditor shall, ujion the oriK'r of tln> ])rt>sident of the 
hoards of IrustiH's of snch institutions, countersigned by 
the secn>tary, draw his warrant upon said funds iu favor 
of the treasurer of the said iustitutiivns respectively. The 
taxes so collecttnl and paid to the treasurers of the said 
iustituti(ms shall bi* applied i>xclusivt>ly to the sui)port, 
ust* and beuetit of the samt^ for payment of salaries and 
expenses thereof, and tin* enn'tion anil completion of such 
bnildinu's as shall be deteriniiu>d upon by the several 
boanls of trnstei>s. 

Sec. i>. The si>veral boards of trustees of said institu- 
tions shall each elect a treasurer, who shall hold liis othce 
fit the pleasure of the board. Ht^ sliall k(H>p a true account 
of all nu)iu\vs rin-eiveil antl ])aid (»ut by him, and shall pay 
all warrants iluly siuned by tln> pn^siiliMd and counter- 
signed by the secri>tary of the board in their order of pres- 
tMitation; and lu^fore fMittM'ing upon the duties of his 
otfice, as treasurer, he shall take and subscribe an oatli 
that he will faithfully perform the duties of treasurer; and 
shall also give a bond in the penalty of not less than 
twenty-live thousand dollars, conditioned for the faithful 
discharge of his duties as treasurer; and that he will at 
all times keep and render a true ai'count of all ujoneys and 
other valuabli>s received by him as such treasurer, and of 
the dispositit>n lu> has madt> of the same; and that he will 
at all times be ready \o discharge himself of the trust and 
ti> ilt>livtM' up when requesttnl by said boanl. all moneys, 
notes, bonds and other valuabli^s entrusted to him: whii'h 
bond shall havi> two or mort^ good securities, and shall be 
approved as to its form ami the sutiiciem'y of its sureties 
by the board of trustees ami the Secrt^tary of State, who 
shall endorse their approval on the same, and it shall be 
tileil in the otiice of tlie Secretary of State. No nunnbtn- 
of the lH)ard of trustees of any of saiil institutions shall 
be eligible to \\\o otRci> of treasunn-. 



STATE OF COLORADO. 63 

Sec. 4. That general sections numbered 15, 16, 17, 18, ^lause""^ 
19 and 20, concerninfjj the State Agricultural College; 
2444, 2445, 2446, 2447 and 2448, concerning tlie Mute and 
Blind Institute; and 3108, 3109, 3110, 3111 and 3112 con- 
cerning the State School of Mines ; of the General Statutes 
of the State of Colorado, together with all other acts and 
parts of acts inconsistent with the provisions of this act, 
be and the same are hereby repealed. 

Sec. 5. Whereas in the opinion of the general assembly Emoigeiicy. 
an emergency exists; therefore this act shall take effect 
and be in force from and after its passage. 



AN ACT 

TO PROVIDK FOR THE PAYMENT OF SCHOOL ORDERS BY THE COUNTY 
TREASURER, AH SOON AS THERE IS MONEY ON HAND FOR THE PAY- 
MENT OF TH\i SAME. APPROVED MAKOH 21), 1H87. 



Be it enacted by the General Assembly of the State of Colorado: 

Section 1. It shall l)e the duty of the county treas- 
urer of each county in this State, when there are sufficient 
funds to the credit of any school district, or to the credit 
of any school fund of any such district, to pay in full the 
principal and intertist of any orders which may be on such 
fund, in the order <jf theti' registration, and if at any time 
there shall be two hundred dollars in the hands of such 
treasuriir, to the credit of any such fund, it shall l)e his 
duty to cause to be published in some newspaper j)ublished 
at the county seat of such county, for twenty days, a notice 
that certain school orders (describiiig same by numbers 
and amounts) will be paid upon presentation, and at tluj 
expiration of said twenty days' advertisement, such orders 
shall cease to bear interest. 



AN ACT 

TO PROVIDE FOR THE PAYMENT OF SALARIES TO CERTAIN OFFICERS, 
TO PROVIDE FOR THE DISPOSITION OF CERTAIN FEES, KHl) TO RE- 
PEAL ALL ACTS INCONSISTENT THEREWITH. APPROVED APRIL (i, 18!)1. 



Be it enacted by the General Assembly of the State of Colorado : 

Section 1. For the purpose of providing for and regu- 
lating the compensation of county and other officers, the 



64 



SCHOOL LAW OF THE 



Classification 
of counties. 



Salary of 
county super- 
inteutlent. 



In first class 
counties. 



In second 
class counties 

In all other 
counties. 



several counties of tliis 8tate shall be classified with refer- 
ence to pc^pulatioii and divided into five classes, as follows: 
Arapahoe county shall be first class. El Paso and Pueblo 
counties shall be second class. Boulder, Lake, Larimer, 
Las Aniruas, Pitkin and Weld counties shall be third class. 
Chaffee, Clear Creek, Conejos, Costilla, Douglas, Eagle, 
Fremont, Garfield, Gilpin, Gunnison, Huerfano, Jefferson, 
La Plata, Logan, Mesa, Montrose, Otero, Ouray, Park, Rio 
Grande, Saguache and San Miguel counties shall be fourth 
class. Archuleta, Baca, Bent, C^heyenne. Custer, Delta, 
Dolores, Elbert, Grand, Hinsdale, Kiowa, Kit Carson, Lin- 
coln, Montezuma, Morgan, Phillips, Prowers. Rio Blanco, 
Routt, San Jnan, Sedgwick, Summit, Washington and 
Yuma counties shall be fifth class. The counties of the 
fourth class shall be divided into two divisions known as 
"A" and "B." The counties comprising division "A" 
shall be Chaffee, Clear Creek, Conejos, Fremont, Garfield, 
Gilpin, Huerfano, Jefferson, La Plata, Mesa, Otero and 
Ouray, and the counties comprising division "B" shall be 
Costilla, Douglas, Eagle, Gunnison, Logan, Montrose, 
Park, Rio Grande, Saguache and San Miguel. 

tp ^ ¥p 7^ ^ 

Sec. 14. County suj)erintendents of schools in the sev- 
eral counties of this State, shall receive the following 
compensation for their services to be paid quarterly out of 
the county treasury, to- wit: Li counties of the first class, 
the sum of three thousand dollars per annum. In counties 
of the second class, the sum of twenty-five hundred dol- 
lars per annum. In counties of all other classes, the sum 
of five dollars per day, actually and necessarily employed 
for the county, and ten cents per mile for each mile actu- 
ally and necessarily traveled in the performance of duty. 



Apply to 
officers here- 
after elected. 

Repealing 
clause. 



Sec. 25. This act shall not be construed to affect 
those now in office during their present term of office but 
shall api:)ly to all officers hereafter elected or appointed. 

Sec. 26. All acts and parts of acts inconsistent with the 
provisions of this act are hereby rej^ealed. 



STATE OF COLOEADO. 65 

AN ACT 

TO AUTHORIZE SCHOOL DIKECTORS TO PURCHASE AND DISPLAY UNITED 
STATES FLAGS UPON SCHOOL BUILDINGS. APPROVED MARCH 26, 1891. 



Be it enacted by the General Assembly of the State of Colorado : 

Section 1. The school directors of the several school fgi^ooi^g ^^^^ 
districts in this State may purchase or cause to be pur- purchase flag, 
chased a suitable American flag- of standard bunting, not 
less than eight by twelve (8x12 ) feet in size, and they may 
erect and maintain or cause to be erected and maintained 
upon each public school building or the grounds belonging 
thereto, a suitable flag-statf with the necessary appliances 
for displaying said flags, and may cause said flag to be 
displayed upon said statf upon all National and State Displayed 
holidays, the first and last days of each school ternij and "^ ®°" 
such other occasions as such school directors shall x>re- 
scribe. 

Sec. 2. Every school within this State may have placed 
and kept in a consi^icuous x>osition in each department Fiag^tiiree^ 
thereof at least one American flag of standard bunting, in size, 
not less than three by five (3x5) feet in size. 

Sec. 3. It shall be lawful for the school directors of ^°^epa«i 
each school district in this State to pay for said flags and directors. 
staffs and to iDrovide for the i^roper care and maintenance 
of the same, from any special school funds which they 
may have in their hands or which may be subject to their 
order, or to include the expense thereof in the next an- 
nual estimate for school expenses, or in any tax levy for 
school purposes; and the expense thereof for any public 
school shall be met by said directors or other officers 
charged with the duty of raising or apx)ropriating any 
money for school purposes as any other necessary exj)enses 
or expenditures for school purposes are raised. 

Sec. 4. This act shall be held to apx)ly to all institu- Apg'y^tpj^ig^ 
tions directly or indirectly under the control of the State under control 
of Colorado or any of its ofiicers, and it shall be the duty °^* es a e. 
of such officer or officers to see that this act is complied 
with. 

Sec. 5. Any person who shall wilfully injure, deface, Misdemeanor 
or destroy any flag, flag-staff, or other materials placed in destroy. 
any room or building or upon any building or school 
grounds for the carrying out of this act. shall be deemed 
guilt}^ of a misdemeanor and punished accordingly. 

Sec. 6. It shall be the duty of the Superintendent of ^°i,^^PJ^t^ 
Public Instruction to publish this act in connection with school law. 
the school law of this State. 

5a 



BLANK FORMS 

FOR THE USE OF 

School Officers and Teachers. 



No. 1. — FORM OF OATH OF SCHOOL OFFICERS. 

( See Sections 13, 22 and 47.) 

State of Colorado, ) 
County of f 

I, , do solemnly swear (or affirm) 

that I will faithfully perform the duties of 

of School District No , in the County of , 

to the best of my skill and ability; and that I will care- 
fully keep and preserve all records, books and other prop- 
erty of the said district that may come into my hands, 
and deliver the same to my lawful successor in office; and, 
further, that I will support the Constitution of the United 
States, and the C( )iistitution of this State, and the Laws of 
this State, made in pursuance thereof; so help me God. 

D [seal] 

Subscribed and Hworn to before me this 

day of , 189--^- ^ p 

Eemarks. — The foregoing oath should be taken before 
a county superintendent, notary public, justice of the 
peace, or some officer duly authorized by law to administer 
oaths. The county superintendent's oath should be filed 
with the county clerk within thirty days after his elec- 
tion, and the oath of district officers should be filed with 
the county superintendents within thirty days after their 
election. 



No. 2. — form of county superintendent's bond. 

( See Section 13.) 

Know all Men hy these Presenis, That we, A 

B , O D , and E F , 

of the County of , and State of Colorado, are 

held and firmly bound unto The People of the State of 



SCHOOL OFFICEES AND TEACHEES. 67 

Colorado, in the full and just sum of dollars, 

lawful money of the United States, to which payment, 
well and truly to be made, we bind ourselves jointly and 
severally, our joint and several heirs, executors and admin- 
istrators, firmly by these presents. 

In Witness Whereof^ We have hereunto set our hands 
and seal this day of , A. D. 189 

The condition of the foregoing obligation is such, That, 

whereas, the above bounden A B was, 

on the day of. , A. D. 189-—, duly elected (or 

appointed, if that be the case) County Superintendent of 
Schools of the county aforesaid, for the term of ; 

Now, Therefore, If the said A B 

shall faithfully perform all the duties of said office accord- 
ing to the laws which now are, or may hereafter be in 
force, and shall render a just and true account of all 
money or other property which may come into his hands 
or_ under his control as superintendent of the schools of 
said county, and shall deliver over to his successor in 
office all moneys, books, papers and property in his hands 
as such County Superintendent, then this obligation shall 
be void; otherwise it shall remain in full force. 

A B [seal] 

C D [seal] 

E F [seal] 

Signed, sealed and delivered in the presence of 

L M 

O P 

Eemaeks. — The penal sum named in the bond is to be 
fixed by the board of county commissioners, but in no 
case shall the sum be less than $2,000. 



No. 3. — FOEM OF A PETITION OF PAEENTS AND GUAEDIANS 
WHO DESIEE to FOEM A NEW DI^TEICT FEOM PAETS 
OF ONE OE MOEE OLD ONES. 

(See Section 27.) 

To 

County Superintendent of Schools, Co unty : 

We, the undersigned, residents of district (or districts) 

No , respectfully represent that we desire to form 

a new district, with boundaries as follows, viz: [Here 
describe the proposed bounds, following government lines 



68 BLANK FORMS FOR THE USE OF 

as far as practicable.] We further declare that, collect- 
ively, we are the parents or guardians of at least ten chil- 
dren of school age, and we hereby certify that the list of 
names of persons of school age which is attached to and 
made a part of this petition, is a correct list of all such 
persons residing in the proposed district. 



NAME. 


NAME. 




• 



NAMES OF PERSONS OF SCHOOL AGE. 



SCHOOL OFFICERS AND TEACHERS. 69 

Remarks. — Grive post-office address of some or all 
, signers. The list of children should be carefully filled up 
by some person interested in the change before the paper 
is circulated for signatures. 



No. 4. — FORM OF ORDER DIRECTING A PETITIONER TO GIVE 
NOTICE OF THE FORMATION OF A NEW DISTRICT. 

(See Section 27.) 

Office of ) 

County Superintendent of Schools, > 

County, Colorado. ) 

To a - D ; 

You are hereby notified that I have received a petition 
signed by yovirself and others, informing me that you 
desire to form a new school district of the territory 
described as follows, to- wit: [^Description as above.'] In 
order that the wishes of the residents of said proposed 
district may be ascertained, you will please notify, by per- 
sonal service as far as convenient, each elector residing 
therein, and also post notices in three public places (one 
of which shall be the place of meeting) that such a peti- 
tion has been made, and that a meeting will be held, nam- 
ing the time and place of such meeting, to determine 
whether such district shall be formed. You will, also, 
please notify me by mail of the time and jplace of such 
meeting. 

Respectfully yours, 



County Superintendent. 

Remarks. — In the formation of a new district, every 
step should be strictly in accordance with the law. 

The notices posted should contain a clear description 
of the proijosed district. 



No. 5. — FORM OF notice FOR A MEETING TO ORGANIZE A 
NEW DISTRICT. 

SCHOOL DISTRICT MEETING. 
To all laihom it may concei-n: 

Whereas, It is proposed to organize a new school dis- 
trict of that part of county, described as 

follows, to- wit: [Description.~\ Notice is hereby given, as 



70 BLANK FORMS FOR THE USE OF 

per direction of tlie County Superintendent of Public 
Schools of said county, that a meeting of the electors 
residing within the boundaries aforesaid will be held at 

, on the day of- , A. D. 189—-, at 

o'clock-— M., when a vote will be taken by ballot, on 

the question whether or not the proposed district shall be 
organized. If the vote shall be in the affirmative, a Board 
of Directors will then be elected. 

By order of -, County Superin- 
tendent of Schools. p -p. 

Dated , 189— 

Remarks. — After the organization, a copy of the notice 
and of the proceedings of the meeting should be sent to 
the county superintendent. 

The ballot box should be kept open long enough to 
give every elector an opportunity to vote — never less than 
three hours. 

If the proceedings were in accordance with the law, 
the county superintendent should number and record the 
district, and notify the secretary of his action. 



No. 6. — FORM OF BOND TO BE GIVEN BY THE SECRETARY 
OR TREASURER OF EACH SCHOOL DISTRICT. 

(See Section 47.) 

State of Colorado, 



County of 

Know all men hy these presents, That we, A 

B , principal, and C D , and 

E F , sureties, are held and firmly 

bound unto School District No , in the county of 

, State of Colorado, in the full sum of 

dollars, lawful money of the United States, to which pay- 
ment, well and truly to be made, we bind ourselves jointly 
and severally, our joint and several heirs, executors and 
administrators, firmly by these presents. 

In ivitness ivhereof, We have hereunto set our hands 
and seals this -day of — -, A. D. 189 

The condition of the foregoing obligations is such, 

That, whereas, the above bounden A— B 

was, on the day of , A. D. 189.- , duly 

elected (or appointed) Secretary (or Treasurer) of School 

District No , in the county of , and State 

of Colorado, for the term of 



SCHOOL OFFIOEKS AND TEACHERS. 71 

Noiv, therefore, If the said A B shall 

faithfully discharge all the duties of said office, according 
to the laws which now are, or which may hereafter be in 
force, and shall faithfully apply all moneys which may 
come into his hands by virtue of said office, and shall de- 
liver over to his successor in office all moneys, books, 
papers and property in his hands as said officer, within 
ten days after the same shall have been demanded by such 
successor, then this obligation shall be void; otherwise it 
shall remain in full force. _ 

seal] 

seal] 

°seal] 



A— : B 

C D 

, E F- 

Signed, sealed and delivered in presence of 

L M 

X Y 

Remaeks. — The penal sum named in the above bond 
should be at least tioice the amount likely to be in the 
hands of the officer at any one time during his term of 
office. 

The bond must be filed with the county superintendent. 



No. 7. — FORM OF REQUEST TO BE MADE BY TEN LEGAL 
VOTERS OF A DISTRICT, TO THE BOARD OF DIRECTORS, 
FOR THE CALLING OF A SPECIAL MEETING. 
(See Section 62.) 

To the Board of Directors of School District No ,in 

County, Colorado: 

The undersigned, legal voters ' of School District No. 

, in county, Colorado, request you to 

call a special meeting of said district for the purpose of 



Dated this day of , A. D. 189.- 

A B 

D 

E F 

G H 

L M 

O P 

Q R 

S--: T 

U — V 

W -- X 



72 BLANK FORMS FOR THE USE OF 

No. 8.— FORM OF NOTICE OF SPECIAL MEETING, 

( Seo Sections 62 and 03.) 

Notice. — A special meeting of the legal voters of School 

District No , in the County of , called on 

the written request of ten legal voters (or called by the 
district ])oard, as the case may be), will be held at (the 

district school-house or other place) on the day of 

, 189 — , at o'clock (p. m.), for the pur- 
pose of (here si^ecify every item of business that is to be 
brought before the meeting.) 

A B 

Secretary. 
Posted , 189—. 

Remarks. — This notice should be posted at least twenty 
days previous to the meeting, in three separate public 
places within the district, and a copy furnished to the 
teachers of each school in the district, to be read once in 
the presence of the pupils. 

Business not sijecitied in this notice can never be law- 
fully transacted at such special meeting. 



No. 9. — FORM OF NOTICE OF ANNUAL MEETING. 

(See Section 44.) 

Notice is herehij (jircii, That the annual meeting of the 

legal voters of School District No , in the County of 

, will be held (at the school house or other 

place) on Monday, the day of May, 189---., for the 

purpose of electing (one or more) directors, as provided 
Ijy law. 

The ballot-box will be oijened at the hour of m., 

and close at the hour of M., and at M. the 

meeting will be organized for the transaction of any other 
business pertaining to school interests that may be brought 
before it. 

Sccrcfary School District No , 

Posted April , 189- ' ^""'^ ^- 

Remarks — The secretary of the district should give at 
least six days' previous notice of the regular meetings of 
the- district (see Section 44), and should post the notices 
and furnish a copy to the teachers in the same manner as 
for special meetings. 



SCHOOL OFFICERS AND TEACHERS. 73 

No. 10.— FOnm FOR RECORDING PROCEEDINGS OF A MEET- 
ING HELD FOR THE PURPOSE OF ORGANIZING A NEW 
SCHOOL DISTRICT. 

( See Sections 27 and 28.) 

,189.— 

On the day of , 189--, a petition, of wliich 

the following is a true copy, was made to X. Y , 

County Superintendent of Public Schools of 

county, to-wit: \^IIere copy the petition.li Whereupon the 
said County Superintendent issued an order, of which the 
following is a copy, to-wit: [ Here insert a copy of the 
order. ^ In obedience to which order the following notice 
was posted, as required by section twenty-seven of the 
School Law, to-wit: {^Here insert a copy of the notice.^ 

In pursuance of the above notice, the electors of the 

proposed new school district assembled at 

at o'clock -M. The meeting was called to order 

by A B , and, on motion, C D 

was elected chairman, and E-- F secretary. 

On motion, G H was elected to act with the 

chairman and secretary as judges of the election. On 

motion of K L.-.- -., the electors began to vote 

by ballot upon the question of forming a new school dis- 
trict. The ballot box remained open for the reception of 

votes from o'clock, M., until o'clock m. 

Upon counting the ballots, it was found that ballots 

were cast, of which were in favor of the organization 

and against. 

On motion of J K , the meeting proceeded 

to elect, by ballot, a Board of Directors. The following 
are the names of the persons voting: \^Here record the 
names of the persons voting. ] The ballot resulted in the 

election of C D president, E F 

secretary, and G H, treasurer, etc., etc. 

On motion of C D the meeting adjourned 

sine die. p -pv 

Attest: E F , Chairman. 

Secretary . 

Remarks. — A copy of the proceedings should be sent 
to the county superintendent, together with the certificate 
of some elector, that the notice of the meeting was posted 
in three iDublic places, as required by law. The person 



74 BLANK FORMS FOR THE USE OF 

who posted the notice should sign the certificate of posting. 

If the district is formed from unorganized territory, the 
secretary must send with this report a certified list of the 
names of persons of school age residing in the district. 

A permanent record of the proceedings should be made 
in the secretary's book. 



No. 11. — FORM FOR RECOKDING PROCEEDINGS OF A REGULAR 
OR SPECIAL MEETING OF THE DISTRICT. 

189.— 

The regular (or special, as the case may be,) meeting 

of School District No ,in.— county, 

Colorado, convened at--- , at o'clock (p. m.), 

pursuant to previous notice given by the District Secretary. 

The meeting was called to order by the President. 

The Secretary being absent, on motion of Mr. A , 

C D was elected Secretary pro fern. 

Mr. S moved that a tax of two mills on the 

dollar be voted for the purpose of building a school-house 
for the district. 

Mr. F moved to amend by striking out "two" 

and inserting "five," wdiich was agreed to, and the motion 
as amended was decided in the affirmative. 

Mr. D moved that a tax of one mill on the 

dollar be levied for the purpose of defraying the contin- 
gent expenses of the district. 

Motion carried. 

On motion of Mr. F , the meeting adjourned 

sine die. j^ -^t 

Attest: C D , President. 

Secretary. 

Remarks. — Forms 10 and 11 are given with a view of 
assisting the inexperienced. Persons familar with such 
duties may vary the form, provided that the proceedings 
are accurately recorded. 

Much depends on the record of the proceedings of the 
district meeting; hence it should be correctly made and 
carefully preserved. 

Under the law, the voting of a tax for any purpose must 
be, in each year, "On or before the day designated by law 
for the county commissioners to levy the requisite taxes 



SCHOOL OFFICEKS AND TEACHERS. 75 

for the then ensuing year," and school boards certify the 
same to the county commissioners. 



J^Q^ 22.— FORM OF COUNTY SUPERINTENDENT'S NOTICE OF 
APPORTIONMENT TO THE DISTRICT SECRETARY. 

Office of ) 

County Superintendent of Schools, y 

County, Colorado. ) 

To A B , 

Secretary of School District No , 

in County: 

You are hereby notified that I have this day appor- 
tioned to your district the sum of dollars, 

of the General School Fund, which amount has been 
placed to the credit of your district on the books of the 
County Treasurer. 

County Superintendent. 

Remarks.— This notice should be sent immediately 
after each apportionment. 



CONTRACT BETWEEN DIRECTORS AND 
TEACHER. 



This contract, made the day of— — -^-— — — , 

18 , between and the Board of Directors 

of School District No , in the county of , 

State of Colorado; 

Witnesseth, That the said : , who holds 

a legal certificate to teach in the public schools ot said 
county, in full force and efPect, hereby agrees to teach the 

public school in said district for the term of 

months, commencing on the day of——-—-- , 

18 , and well and faithfully to perform the duties ot 

teacher in said school, according to law and the rules 
legally established for the government thereof, including 
the exercise of due diligence in the preservation ot school 
buildings, grounds, furniture, apparatus, books and other 
school property. 



76 BLANK FORMS FOR THE USE OF 

In consideration of said services, properly rendered, 
the said directors, in behalf of said school district, agree 

to pay the said monthly the sum of 

dollars per school month. 

Done at a legally convened meeting this day 

of 18 

[seal J 

Teacher. 

[seal] 

[seal] 

[seal] 

Directors of School District No 

Count I/, Colorado. 



INDEX. 



INDEX TO CONSTITUTION. 



B 

BOARD OF EDUCATION— Aet. Seo. 

who shall constitute IX. 1 

BOARD OF LAND COMMISSIONERS - 

who shall constitute IX. 9 

duties; general provisions IX. 10 



COMPULSORY EDUCATION- 

provisions concerning IX. 11 

COUNTY OFFICERS- 

election of XIV. 8 

vacancy in office, how filled XIV. 9 

qualifications XIV. 10 

COUNTY TRBASURER- 

duties in relation to school funds of county IX. 4 

election of •. XIV. 8 

COUNTY SUPBRINTBNDENT- 

term of office; duties IX. 6 

ex officio land commissioner IX. 6 

election of f. XIV. 8 

vacancy in office, how filled XIV. 9 

D 

DEBT- 

of school district by loan XI. 7 

contracted only by vote of electors XI. 7 

E 

ELECTORS - 

qualifications of VII. 1 

sex no disqualification in school elections VII. 1 

qualified elector only eligible to civil or military office VII. 6 

F 

FUNDS-PUBLIC SCHOOL OF THE STATE- 

interest only expended 

how distributed among counties 

cannot be transferred to other fund 

custodian 

how invested; loss, how supplied 

from what derived 

contribution to sectarian institutions prohibited 



IX. 


3 


IX. 


3 


IX. 


3 


IX. 


3 


IX. 


3 


IX. 


5 


IX. 


7 



80 INDEX TO CONSTITUTION. 

P 

I'UbLIC INDEBTEDNESS- Art. Sec. 

restrictions concerning XI. 1, 2 

PUBLIC SniOOLS- 

providinK for e.stablishiiient of ; . . . . IX. 2 

a^e of pupils who may at tond IX. 2 

at least three months' school in each district IX. 2 

Q 

QUALIFICATION 8- 

of electors VII. 1 

religious test or (iiialifications prohibited IX. 8 

of county officers XIV. 10 

of applicants for any civil or military office VII. (5 

R 

REGENTS OF UNIVERSITY- 

election; terms of office; body coriiorate IX. 12 

shall elect president IX. 13 

shall have control of funds of University IX. 14 

s 

SCHOOL DISTRICTS- 

organization of; general provisions IX. 15 

SUPERINTENDENT OF PUBLIC INSTRUCTION- 

president of State Board of Education IX. 1 

member of State Board of Land Commissioners IX. 9 

T 

TAXATION - 

what property exempt X. 5 

TEXT BOOK8- 

prohibition in regard to IX. 16 



INDEX. 



A 

ACCOUNT- 

of district expenses to be kept by secretary 

of warrants issued by district, kept by district treasurer, 
of each district to be kept separate by county treasurer . . 



AGT8- 

to prevent frauds in the letting of public contracts 

to provide for the study of the nature of alcoholic drinks, etc. 

relating to reports of the ofEcers of State educational institu- 
tions 

to establish Arbor Day 

to secure to children the benefit of elementary education — 

to establish, govern and maintain a State normal school 

to provide for the assessment, levy and collection of a State 
tax for the support and maintenance of certain educa- 
tional institutions, etc 

provide for the payment of school orders by county treas- 
urer, etc 

provide for the payment of salaries to certain officers, etc 

to authorize school directors to purchase flags 

ACTS REPEALED— 

Sec. 98, page 50; sec. 4, page 63; sec. 26, page 64. 

ADJOURNMENT- 

school boards, adjourned meetings of 

of district meetings 



SEC. 


PAGE. 


56 


33 


58 


34, 35 


68 


39 




51 




.52 




52, 53 




53,54 




54-56 




56-61 



AFFIDAYIT— 

of county superintendent to bill 25 

of secretary to census list 54 

in case of appeals SB, 84, 85 



AGE- 



of voter at school election 

of persons included in school census 

of deaf mutes included in school census 

of children entitled to attend public school . 
school age defined '. 



ALCOHOLIC DRINKS AND NARCOTICS- 

providing for the study of the nature and effects . 

ANNUAL MEETING- 

of state board of education 

for election of members of school board 



ANNUAL REPORT- 

of county superintendent to state superintendent. 

of school board to county superintendent 

of county treasurer 

of district secretary to county superintendent 

of district treasurer 

of teacher 



2 
44 

18 
51 

26 
56 
58 
61 



61-63 

63 

63,64 

65 



30 

37 

19 

32 
45 

28 
32 
33 
42 
43 



10 

27 

17 
31 
19 
33 
35 
36 



Ga 



82 INDEX. 

AFPEAIjS— heo. page. 

from couuty suporiiiti'iidont to state hoard, by teacher It) 16 

from district board to county suporiiitendeiit 82 15 

how taken; affidavit; time; notice to secretary 82-8.') 15 

testimony; tranHcript; notice to parties 85-87 '15 

from county superintendent to state board 88 4(5 

taken within tiiirty days; transcript 88 46 

president of hoard may administer oatli 88 46 

decision of board final 88 46 

by applicant ff)r certificate of examination from decision of 

county superintendent to state hoard 88 46 

questions and answers examined by hoard 88 46 

state board may issue certificates 88 46 

no judgment for money rendered 89 46 

Al'l'OINTMKNTS- 

of county superintendent in case of vacancy 14 14 

of district director l)y county superintendent 2:!, 47 18, 29 

of members of hi^li school committee 34 21 

of judf;es and clerks of election in first-class districts 44 27 

of district director, by hoard in first-class districts 48 29 

of time and i)laco of teachers' institutes HI 44 

AITOKTIONMENT OF SCHOOIi FUNDS- 

by superintendent of public instruction 11 14 

by county superintend(int 19 17 

by county sup(U'lut,(Mid(^iit of money recc^ived from special uu- 

paiil lax(is due a disi rid on ilatd of its division, to be made 

monlhlj ; basis of siii'h division 32 23 

first, after the orH;anization t>f new district, per capita 32 23 

in July; basis 72 41 

basis of all appoil ionmeuts 72 11 

by county suiii'riiit('ndent,s, according to census 73 II 

by county supcMintendents, wlieii tlistriot fails to rf'port, 

census 71 41 

three months' school in each ilisLriet, or no portion of school 

fund 7."i 42 

AKHOi: DAY - 

act establishiiiK ■'•t 

ASSIiSSOU OF COUNTY- 

arrange schedules and l)ooUs for s|)ecial school levy 67 39 

assess property in dist rict found on first day of May 67 39 

ASSISTANT LJUUAIUAN- 

appointnient; duties; sahu-y 12 14 

AVEKAOES- 

mothod of obtaining; 56 34 

B 

BIENNIAL RErOKT - 

of stale superintendent, when jnade; contents 10, 2 13, 53 

of president of State University to slate superintendent 1 .52 

of president of State School of Minos to state superintendent 1 52 
of president of State Agricultural College to state sup((rin- 

tendent 1 52 

of i)rincipal of the Mute and Blind Institute to state sup(!rin- 

tendont 1 52 

BOARD OF DlltECrrORS -See Directors. 



SEC, 


PAGE. 


1 


10 


2 


10 


■A 


10 


5 


11 


89 


46 


88 


46 



INDEX. 88 

BOARD OF EDFCATION- 

who shall constitute 

meeting and powers of 

State diploma issued by 

State diploma revoked by 

shall not render judgment for money 

appeal to, from county superintendent; liow conducted 

shall issue to teacher certificate upon reversal of cciunty 

superintendent's decision 88 46 

BONDS OF OFFICERS-See Official Bonds. 

BONDS-SCHOOL DISTRICT- 

meeting for purpose of voting on petition of 20 legal voters. . 

notice given 20 days before regular or special meeting 

taxpayers only can vote 

first and second class districts may hold special meetings to 

vote 

challenge 

oath of challenged voter 

amount of indebtedness decided by majority vote 

aggregate bonded indebtedness not to exceed li!4 per cent, of 

valuation 

form of ballot 

by whom issued 

interest not to exceed 8 per cent 

redeemable, when 

payable, when 

registered in county clerk's office before negotiated 

interest paid, how; by whom 

principal, how paid 

issued under Territorial laws 

manner of redemption 92, 93 

change in boundary lines of district does not release property 

from bond tax 

property added to district is liable to tax to pay bonds issued 

before such addition 

shall be sealed, signed and countersigned 

refunded with consent of owner 

new, may be issued for ijayment of bonds due 

new, issued in payment for bonds due, not to be sold less 

than 98 per cent, of par value 

interest not to exceed eight per cent 

when redeemable 

question of refunding shall be submitted to electors before 

bonds are issued 102 51 

BONDS-UNITED STATES AND STATE- 

owned by district; where deposited; shall be sold by district 

board to redeem district bonds 

interest collected by district treasurer 

BOOKS- 

county superintendents 

blank books furnished by county 

text-books in schools not chsinged (proviso) 

furnished to indigent children 

immoral books 

record book of district secret9,ry 

register kept by teacher 



90 


46 


90 


46 


90 


46 


90 


46, 47 


90 


47 


90 


47 


90 


47 


90 


47 


90 


47 


90 


47 


90 


47 


90 


47 


90 


47 


91 


47 


92 


47,48 


92 


48 


92 


48 


93 


48,49 


95 


49 


95 


49 


97 


50 


'M 


50 


99 


50 


99 


50 


99 


50 


99 


50 



94 


49 


94 


49 


20 


17 


25 


19 


51 


80 


51 


31 


51 


31 


54 


32 


61 


36 



SI INDKX. 

liOllNDAHY 

of iliHl.iicI,; 1'ouiil.v HUprriiili'iKli'Ml (ii iiHiTrliiiii I n(l;ir.v.. 

ol propoHc^l iiiiw (liHl-ricl, Hp()n'Mi('il in iidilidii 
I'lmiiKcof, (l()((H not loloiiHf^ jir()|)<ir(..v rmrn liiiriil (mx 

c 

CI'INSUS- 

of new fliMtrictH 

iiniMuil, wlii'n imd by wlitini tiiki^n 

IIhIh hIiiiII I)(' foiwanli'd (-<> connly Hnpi'rinlcndi-nl, 

<M'rti(i(«l U> \>y Huciclary 

liHlH examined hy county Hnpi'rmtcii(lciit 

of l)liii(i and dnaf iiniliw 

Hcluxd fonHUH (l(^iiM(^(l 

cioin'ii'K'A'rios 

niv(*M hy conn I y HnpcriiitoiidtMit ITp, It 

trnipoiniy, liow iHHniid; condit-ionH ir>, t( 

unidnH of 

of lik<»Ki'ad(i 

lii'Ht cluHH, liow ronowcfl, nwokrd; canno 

by whom JHHUnd in joint diHtrictH 

expiration of, dnrinK l(irm 

liow I'xI-endod 

vvliat bianchiw liiUKlit without 

State board may iwHue in <-aHe of appeal 

COMI'KNSA'IMON 

of deputy connly snpcrintiMKlenI 1 

of county Hupeiin((<nden( [I! 

of teaclieiH and oIliceiH, lixed l)y board 

of county triianurer for I'ollecl inn Hiiecial tax 

(X)MI>ULH()I{Y KDUCATION 

actr reiatiiiK to • ■ 

(!(»R1'()HAT1()N - 

H(;liool diHlri<'tH bodies corpoi-ale. 10 

COUNTY CI. 10 UK 

file bond of county Buperintciident 

Hhali noloniit. levy 

Hliall keop reninler of Hi-bool di.slrict bondn. 

r(^cord cancellation of redeenu^d boudn 
COUNTY COMMISSIONIOUS 

a|)point connly HuperinlcndcMd, wlii'ii 

pay county HuperinteiulenI, when 

Mliall provide county HUperinlcndent with ollice, etc 

levy county ncliool tax 

hIiuH cauHO special lax (o be b'vieil when diHlric^t failntocfM'- 
t if y Haine 

levy special school tax t'w 

re(iuire of (M)nidy superintendent report of lines 

levy special tax t,o pay iidnnwt on bonds 

lovy sp(<cial tax to pay bonds 112, 101 

COUNTY Hin'l';iilNTIi:NI)iONT-See Hnperinteruleut of County. 



KK(I. 


I'AOK. 


:ii 


18 


•n 


Ht 


".15 


HI 



27 


20 


r..( 


32. »!J 


M 


;t2, liU 


51 


:i2, !i;i 


55 


!i:i 


55 


:)!» 


MO 


'i:t 


ID 


• 15 


ii; 


15 


ii> 


15 


10 


Hi 


10 


15 


:;i 


2;i 


00 


!i5 


00 


115 


00 


:i5 


SK 


111 


17 


15, 17 


11 


IK, M 


51 


ISO 


tilt 


111 




51 5(1 



l» 


11 


05 


HH 


ill 


17 


iii; 


■IH 


11 


It 


25 


IH, 111 


25 


lU 


01 


!i7 


01 


38 


;o 


:iii, 11 


oil 


■10,41 


112 


48 


101 


IH, 50, 51 



I) 



DKHT- 

aniouid voti^d by district, limit 



INDEX. 



85 



DECISION- 

of Htato Ruperintondont 

of (liHtrict; hoard, iipiKjalod from 

of county Biiporiiitondent, appoaled f lom . 
of Htaf board, final 



DELINQUIONT TAXES- 

belonKiiiK to a diHtrict at datd of Uh diviHion 

county treaHnror Hliall report amount to county Buperintendent 

DIPLOMAH- 8TATE- 

to whom and by whom iawued 

examination for, by wliom; what branches 

granted witliout examination, conditlonn 

by wlioin revoked ; cauHo 



DIRECTORS -UOAUD 01*' 

may examine teacher to fill vacancieH in firHt-clawH diHtricts 

vacancies in boards liow tilled 2H 

how elected in new districts 

term of office 

number in diHtricttsiof dill'erout classes 

orfjjanization in districts of first class 

powers of, in iirst and sooond-irlass districts 

when changed from second to first-class district, who consti 

tnto the now board 

annual election of 41, 

act as judKCH of election 

may order more than one votini^' place in first-class districts, 
shall designate whore votes shall be counted in first-class 

districts 

shall qualify within twenty days; oath of office, where filed . . 

vacancies, how filled in first-class districts 

power to make by-laws 

may take and hold one acre for school site 

regular and si)ecial meetings, wlien held 

Powers and Duties — 

employ and discharf^e teachers 

determine rate of tuition 

determine pay of secretary 

fix course of study 

text-books 

provide school house and furniture 

hold real and iiersonal i)roperty in trust. 

suHjiond and expel ])upils 

deternune number of months of school 

furnish books to indigent children 

make annual report to county superintendent 

may admit or refuse pupils from other districts 

of first and second-class districts, may establish separate hifili 

schools 

presidfint shall preside at meetings of the board 

when i>resident is absent, secretary shall preside 

thirty days' absence from district may work vacancy in office 

duties of president 

bond of secretary; amount in different districts 

duties of secretary defined 

in third-class districts may call special irmetinji of electors at 
any time 



SEO. 


PAGK. 


8 


12 


82 


45 


88 


40 


88 


46 


:5a 


23 


00 


38 


3 


10, 11 


4 


11 


4 


11 


.5 


It 


]() 


10 


;i, il 


18, 29 


28 


20 


28 


20 


41 


25, 20 


41 


20 


41 


20 


42 


20, 27 


1, 44 


25, 27 


45 


28 


44 


27 


40 


28 


47 


2!» 


48 


29 


48 


29 


49 


29, 30 


50 


:io 


51 


30 


51 


30 


51 


30 


51 


30 


51 


30 


51 


30 


51 


.30 


51 


30 


51 


31 


51 


31 


51 


31 


51 


31 


5'2 


31 


53 


31 


53 


32 


53 


32 


53 


32 


54 


32 


54 


32, 33 



02 



m 



INDEX. 



DIRECTORS— BOARD OF-Continued. sec. page. 
on the petition of ten voters shall call special meeting of 

electors 02 .37 

sliall certify special tax for other school expenses of district. 154 38 
shall certify to county commissioners the amount of special 

tax 07 39 

may order levy of (me-tenth of a mill for library 67 39 

shall not issue warrants in excess of levy 68 40 

cannot reconsider levy of special tax 70 41 

may appeal from decision of county superintendent 88 46 

shall sell United States or State bonds to pay district bonds 

wlien due 94 49 

may refund bonded indebtedness 99 50 

may issue new bonds in payment of old 99 50 

DISTRICT— 

New— how organized from a portion of one or more old 27 19 

parents of at least ten children of school age shall peti- 
tion county superintendent; petition shall describe 

boundaries 127 19 

census list 27 19, 20 

notice of division 27 20 

from unorganized territory, how formed 27 20 

census list of same 27 20 

only legally qualified electors entitled to vote on ques- 
tion of organization; two-thirds vote of those voting 

required 28 20 

elect board of directors by ballot 28 20 

person may be transferred to another district, when, 

how 28 21 

district cannot be divided unless it contains more than 
nine square miles. Division must be made so that 
not less than fifteen persons of school age be left in 

old district 28 21 

first-class districts divided only on vote of electors 28 21 

two or more contiguous districts, how united into one.. 29 21 
each district shall vote on question of union at special 

meeting 29 21 

union meeting called upon ten days' notice 29 21 

funds of each district transferred to new 29 21 

unorganized territory may be annexed to district 29 21 

a portion of one district annexed to contiguous district 

by county superintendent, on petition; how 29 21,22 

must establish school within six months ."50 22 

county superintendent may extend time to eight months 30 22 
may be declared annulled by county superintendent on 
failure to maintain a school and keep up organiza- 
tion one year 30 22 

when entitled to money 30 22 

joint, from territory in two or more contiguous counties 31 22, 23 

' reports of each county separate 31 22, 23 

how annulled 31 23 

declared body corporate 40 25 

classified 41 25,26 

legal school district defined 42, 43 20, 27 

change from second to first class 42 26, 27 

annual election; more than one voting place in first class 44 27 

county treasurer to keep separate accounts with each district. 68 39 

must maintain school three months or forfeit school fund 75 42 

bonds of, general provisions concerning 90-102 46-51 

bonded indebtedness not to exceed 3'/4 per cent, of assessed 

valuation 90 47 



INDEX. 87 

DISTRICT— Continued. sec. page. 

of first and second class may hold special meetings for pur- 
pose of voting bonds 00 415, 47 

change in boundary lines does not release property from bond 

tax Sr, 49 

property added to district is liable to tax to pay bonds issued 

before such addition 95 49 

DIVI8I0N- 

of school districts 27, 28, 32 19, 21, 23 

district cannot be divided nnlsss it contRins jnore than nine 
square miles. Division must be made so that not less 
than fifteen persons of school age remain in old district 28 21 

of cities and towns 28 21 

of first-class districts 28 21 

of school moneys 32 23 



ELECTION- 

annual "^ 27 

judges and clerks of, appointed by board in first-class dis- 
tricts 44 27 

notice of, how given 44 27 

notice by two voters 44 27 

ballot-box remain open; time 44 27 

more than one voting place in first-class districts 44 27 

judges of, who shall constitute 45 28 

oath of challenged voter 45 28 

tie vote 46 28 

special election, how called 46 28 

void if no notice be given 46 29 

to vote bonds, how called; form of ballot 90 46, 47 

to vote on refunding; form of ballot 102 51 

ELECTORS— 

qualifications of 45 28 

sex no disqualification 45 2^ 

challenge 45 28 

powers of, in third-class districts 63 37 

qualifications of, to vote bonds 45, 90 28, 46, 47 

EXAMINATION OF TEACHERS - 

by State board for State diploma 4 11 

by county superintendent; in what branches 15 15 

to fill vacancies in first-class districts; by whom conducted .16 16 



F 

FINES AND FORFEITURES- 

of county superintendent, for neglect 21 18 

of district secretary, failure to file report 56 34 

of district treasurer, neglect of duty 58 35 

of county officers, for failure to levy tax 65 38 

of county treasurer, failure to pay over tax 66 39 

for failure to pay over money 69 40 

penalties, fines and forfeitures; how collected.' 69 40 

general provisions regarding 69 40 

of district, failing to maintain three months' school 75 42 



H8 



INDICX. 



FOKMS- NO. 

ontli of Hcliool olIiciM-H 1 

county Kiii>orin(.Mi(l<int,'s IkukI 12 

petition to form a now diMtrict li 

notict! of fonniition of <i now (list-rict I 

notice of nidotinK for ort;iini/,iition of district Ti 

hoiiil of (liKtrict t roiisuror or HociM^tary li 

io(iu<'Htfor Hpucial niootinK by ton Icjiul voters 7 

not ice of si)ociiil ineoti nn 8 

notice of imnuiil ui(u<tinK 9 

record of meeting for ortjiiniziition 10 

record of regular or spociul nicetingR 11 

notification of ai)i)ortionin(int by county Huperintendont... . . 12 

teaclier's contract with directors 

FUNDS- 8i«'. 

publi(! Hcliool inc^oiiie, liow, wIkwi and by wliom apportioned , . 11 

county, how, when and by whom api)orli()ned V.) 

district, how divided when new district is formed from one 

or morci old -i'^ 

pcsnal, paid to county l^easu^(^r•, by iiim credited to Kcnerai 

county sciiool fund 'iO 

Konoral sciiool, cannot be used for l)uildinK purposes; pro- 
viso, tcMi months' sciiool 71 

KeiKiral; >Inly apportionment, basis of 72, 7:! 

forfiMluni of, by district, account of failure to rejiort census 

list 71 

forfeiture of, by district; throe months' school 75 

Normal Jnstitut(<, from what derived HI 

custodian; how disbiii'sed , SI 

for redemption of bonds it:t 



lili. 


, l>7 


f)7, 


, (W 


C.'.l. 


, 70 


7(1, 


71 




71 




72 




72 




73 




74 




75 


7!), 


7(i 


PAOIC. 


];3, 


11 




17 




40 




4t 




11 


II, 


12 




42 




41 


11, 


15 


ts. 


111 



G 

GOVERNMENT OF SCHOOLS- 

rules and regulations for, made by district board. 



:!0, :u 



H 

HIGH S(^HOOLS- 

union, how established 

organized at county seat, how 

committee, term of otlice; vacancies, how filled 

secretary of committcte, how elected; compensation 

meetinKs of commilt.eo 

powers and dut ies of committee 

how nuiintained; funds 

deficit, how made up 

rated as a sei>arate school district 

maintained forty weeks each year 

frc^e, to whom 

what districts represented on committee 

separato hiwh schools, how, by whfim and when establishtKl. 



:i3 


23, 24 


33 


24 


34 


24 


34 


24 


35 


24 


36 


24 


37 


21, 25 


37 


25 


37 


25 


38 


25 


38 


25 


3<t 


25 


52 


31 



INSTITUTE-See Normal Institutes. 
INTEUE8T- 

on bonds issued by dist rict, not to exceed H \»\r cent. 



90 



INDEX. 



89 



INTEREST— Continued . 

where payable .- 

on bonds issued by district 

county commiBsioners shall levy special tax to pay. 
on U. S. bonds, collected by district treasurer 



SEO. 


PAGE. 


90 


47 


92 


47,48 


9'2 


47,48 


94 


49 



JOINT D18TRIGT- 

how formed from two or more contiguous counties 

numbered, how - " 

petition made to each county superintendent interested ... 

reports of each couaty separate 

census, when taken. 

property, where assessed 

taxes, where and how collected 

teachers' certificates, by whom issued ^ J 

how annulled 

JUDGES OP ELECTION- 

in first-class districts appointed by school board, when more 

tlian one voting place 

president, secretary and treasurer of school board shall act as. 45 

vacancy, how filled 

shall administer oath to challenged voter -to. «" 

shall transmit report of election to school board w 

JUDGMENTS- gg 

not rendered for money 



22 
22 
22 
22, 23 
22 
22 
22 
23 
23 



27 
28 
28 
28,47 
28 



46 



LAWS— See School Laws. 
LEGAL HOLIDAYS 



LIBRARIES- 

school board may levy tax for. 



79 



67 



M 



27, 28, 



MEETINGS- 

of state board 

of districts for organization 

of high school committee 

of board of directors, regular • 

of school boards for purpose of organizing high schools 

annual, for election of memljers of school board 

of electors in third-class districts called upon petition of ten 

voters, or by board • • • • • • ' • ' 

of electors to vote on question of bonded indebtedness, how 

called 

N 

NORMAL INSTITUTE8- 

State divided into thirteen institute districts 

classification of counties ' • 

held annually in each district ■■■■ 

executive committee selected by county superintendents 

registration fee ,". " ' ," 

aLoronriation of two dollars by county commissioners for 
'^eachpeison attending from their respective counties 



43 



2 


10 


29 


20-22 


35 


24 


50 


•JO 


33 


23, 24 


44 


27 


62 


36,37 


90 


46 



81 



43 
43 
44 
44 

44 

44 



90 



INDEX. 



NORMAL INSTITUTES-Continued. 

normal institute fund 

State appropriation 

qualifications of conductors and instructors 

NOTICE- 

thirty days before revoking State diploma 

to state superintendent by auditor 

to county superintendents of apportionments by state super- 
intendent 

of examination of teachers 

of meeting for union of two or more districts into one 

of meeting for organization of new district 

to boards of contiguous districts of meeting to establish 
union high school 

of annual election posted in three public places 

by two voters 

of special election; election void if not given 

of meeting of electors in third-class districts 

of district meeting to vote bonds 

of payment of bonds 

of teachers' institutes 

OATH- ^ 

of superintendent of public instruction 

of county superintendent 

of challenged voter (form) 

of directors of school districts 

of voter at election for voting bonds (form) 



OFFICIAL BOND- 

of state superintendent of public instruction 

amount; by whom approved, with whom deposited. 

of county superintendent 

amount; by whom approved, wliere tiled 

of treasurer of district 

amount; where filed. 

of secretary of district 

amount; by wliom approved; conditions 



SEC. 


PAGE. 


81 


44 


81 


45 


81 


45 


5 


11 


11 


13 


11 


14 


15 


15 


29 


21 


27 


2U 


33 


23, 24 


44 


27 


44 


27 


46 


29 


62 


37 


90 


46 


92 


48 


81 


44 


7 


11, 12 


13 


14 


4.5 


28 


47 


29 


90 


47 


7 


11 


7 


11, 12 


13 


14 


13 


14 


47 


29 


47 


29 


54 


32 


54 


32 



PRESIDENT OF SCHOOL BOARD- 
duties of 



PUBLIC contra(;ts- 

act concerning 



PUBLIC SCHOOL- 

defined 

open for all children, 6 to 21 years old 

open at least four months 

taught in tlie English language 

German and Spanish to be taught upon petition 

PUPILS- 

may be expelled or suspended by board 

non-resident; tuition fixed by board 

board may require pupils to be f urnislied with suitable books., 

admitted from adjoining districts 

age of, may attend public schools 



31, 32 



51 



76 


42 


77 


42 


77 


42 


78 


42 


78 


42,43 


51 


30 


51 


30 


51 


31 


51 


31 


77 


42 



INDEX. 



91 



Q 



QUALIFICATIONS- sec. 

of applicants for State diploma 3,4 

of teachers 15 

of voters 45 

of pupils for high schools 38 

of voters to vote bonds 45, 90 

QUARTERLY EXAMINATIONS- 

when, where, and how conducted 



15 



PAGE. 
10,11 

15 

28 

25 

28, 46, 47 

15 



K 



RECORDS- 

of county superintendents. 

of district boundaries 

of district secretary 



REGISTER- 

kept by teacher . 

of bonds, by county recorder 

of United States bonds, by secretary. 

REPAIR SCHOOL HOUSES- 

by directors 

by vote of the people 



REPORT- 

of superintendent of public instruction. 

of county superintendent to same 

to county commissioners 

by district secretary 

by teachers 

by county treasurer, quarterly 



16, 20 


16, 17 


24 


18 


56 


■ 33 


61 


36 


91 


47 


94 


49 


51 


30 


63 


37 


10 


13 


18 


17 


21 


18 


56 


33, 34 


61 


36 


66 


38 



s 

SALARY- 

of assistant librarian 12 14 

of county superintendent 25, 14 18, 19, 64 

of district secretary 51 30 

SCHOOL AGE-SeeAge. 

SCHOOL- 

normal, act establishing 56-61 

public, definition of 76 42 

general provisions concerning, . . 76-80 42, 43 

SCHOOL DISTRICTS-See District. 

SCHOOL HOUSE- 

board may take and hold one acre for 

built by the board on order of the district 

site selected by electors 



SCHOOL LAWS- 

publication of, by superintendent of public instruction, 
to whom distributed; how paid for 

SCHOOL SUPPLIES— 

by whom furnished . .■ 

to whom and how charged 



49 


29,30 


51 


30 


63 


37 


9 


13 


9 


13 


9 


12 


9 


12 



92 



INDEX. 



SCHOOL YEAR- 

sliall begin ; end 

SECRETARY OF SCHOOL BOARD- 

in second and third-class districts, when and how elected 

how elected; term of office 

shall give notice of annual election . 

preside at meeting when president is absent 

bond of; amount in first, second, and third-class districts; 
approved by whom 

draw and countersign warrants 

shall take census, or appoint deputy 

shall ascertain number of blind and deaf mutes 

shall keep account of district expenses 

give notice of meetings 

make annual report; items to be included; failure to make 
report; forfeit 

books open for inspection of school board 

shall file transcript of proceedings in appeal to county super- 
intendent within ten days • 

shall give twenty days' notice of meeting to vote bonds 

SUPERINTENDENT OF PUBLIC INSTRUCTION- 

when elected 

term of office 

oath and bond of 

amount, and by whom approved . 

office, where; duties 

decisions on school law (final) valiil 

supervision of county superintendents 

publish school law 

biennial report 

visit schools in all counties annually, if practicable 

traveling expenses, how paid 

apportion State school fund 



SEC. 

79 

41 
41 

44 
53 

5i 
54 
54 
55 
56 
56 

56 
57 



SUPERINTENDENT OF SCHOOLS-COUNTY— 

when elected 13 

term of office 13 

oath and bond 13 

vacancy in office, how filled 14 

conduct quarterly examinations • 15 

may employ deputy to take examination 15 

inay revoke teacher's certificate; cause 1(> 

shall keep record of persons examined 16 

deputy 17 

make annual report to superintendent of public instruction.. 18 

failure to make such report; penalty 21 

shall apportion county school fund 19 

duties 20 

may administer oaths 22 

fill vacancies in district boards; exception 23 

shall keep record of boundaries of districts 24 

shall make map of each district 24 

salary and fees 25, 14 

office, where located 25 

shall divide funds of a divided district 32 

shall certify to county commissioners per capita necessary to 

maintain four months' school in each district 64 



PAGE 

43 

26 
26 
27 
32 

32 
32 
32 
33 
33,34 
33 

33, 34 
34 

45 
46 



11 
11 

11 
11 
12 
12 
12 
13 
13 
13 
13 
14 

14 
14 
14 

14, 15 
15 
15 
15 
16 
16 
17 
18 
17 
17,18 
IS 
18 
18 
18 
18, 19, 64 
19 
23 



INDEX. 



93 



SUPERINTENDENT OF SCHOOLS-COUNTY-Continued. sec. 

shall look after all fines ^^ 

shall apportion fund according to census 73 

in case of appeal, shall notify secretary of district board 85 

shall set time for hearing appeal 86 

notify all parties interested ^ 



PAGE. 

40 
41 
45 
45 
45 



T 

TAXES- . . . 

county school, levied by commissioners; basis; limit ... 

special tas for other expenses of district 

special school fund 

library tax 

special tax levy cannot be reconsidered 

special tax to pay interest on district bonds 

special tax to pay bonds 

in joint districts, how collected ■ 

State, for support of certain educational institutions, one- 
sixth mill 

TEAGHERS- 

may appeal from county superintendent to state board 

employed by whom 

shall not teach without certificate; forfeit 

expiration of certificate; effect 

not dismissed without cause; shaU receive pay for services 

rendered * 

shall keep register 

shall notify county superintendent of beginning and close of 

term 

not paid until register is filed with secretary 

TREASURER- 

of county, keep separate account with each district; report 
annually to county superintendent and district secretary 
concerning school funds 

of district, bond, amount, where filed 

of first-class district publish semi-annual report 

of district, countersign warrants, make statement to board; 
penalty •. 

of county, shall collect county school tax 

of county, shall certify amount of tax collected and uncol- 
lected to county superintendent, quarterly 

of county, failure to pay over tax; forfeit, how collected 

of county, shall keep an account with each school district.. . . 

of county, shaU arrange tax-books, schedules, etc 

of county, shall list all warrants endorsed "no funds" 

of county, pay interest on bonds 

of county, collect bond tax 

of district, pay bonds; manner of payment 

of district, pay bonds issued under territorial laws; mannex 
of payment; shall not pay more than five per cent, 
premium on territorial bonds • • • • 

of district, shall invest balance of funds in State or United 
States bonds 

of district, shall collect interest on State and United States 
bonds 

of county, shall countersign district bonds 

of State Normal School 



64 




38 


64 




38 


67 




39 


67 




39 


70 




41 


92 




47,48 


92,101 


48, 


, 50, 51 


31 




22, 23 



16 


16 


51 


30 


60 


35 


60 


35 


60 


36 


61 


36 


61 


36 


61 


36 



26 
47 
47 

58 
64 

66 
66 
68 
67 
68 
92 
92 
92 

93 

93 

94 

97 

3 



19 
29 
29 

34,35 

38 

38 

39 

39 

39 

39,40 

48 

47,48 

47,48 

48, 49 

49 

49 
50 
62 



94 INDEX. 

TREASUREU-(]outinued. 

of Agricultural College 

of State School of Mines 

of Institute for Mute and Blind 



□. 


PAGE. 


3 


(52 


■.i 


62 


3 


62 



V 

VACANCIES IN OFFICE- 

of county superintendent, how filled U 14, 1.5 

of boards of district directors, how filled 23, 47 18, 29 

of members of high scliool committees, how filled 34 24 

in boards of districts of first class, how filled 48 29 

of school officer, when absent more tluin thirty days 53 82 

VOTEll-See Elector. 
VOTING ri.ACE- 

more than one in first-class districts 44 27 



w 

WAKRANTS- 

of district, by wliom drawn 

of district, countersigned by t reasurer 

of (iistri<'t, "no funds," rcuistiTcd by treasurer. 

of district, issue<l in excess of tax levy 

providing for payment of 



M 


32 


m 


34 


68 


39,40 


68 


40 


1 


63 



LBJa'OG 



, ) . f u 



L^ 



